The State Of Maharashtra. v. Shri Tukaram R. Bhoier.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.703 OF 1995 WITH CROSS OBJECTION (ST.) NO.29706 OF 2008 The State of Maharashtra.

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Appellant

Versus

Tukaram Ragho Bhoir (deceased) through his legal heirs:- 1.a.

Shri Rama Tukaram Bhoir, 1.b. Shri Laxman Tukaram Bhoir, 1.c.

Shri Namdeo Tukaram Bhoir, All R/a. Tembhode, Tal. Panvel, Dist. Raigad.

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Respondents -- Shri S.K. Shinde, Government Pleader for the Appellant. Shri Shriram S. Kulkarni for the Respondents and for the Appellants in the Cross Objections.

-- CORAM :

A.S.OKA, J (HEAD OF THE PANEL) S.S.DESHMUKH, RETIRED DISTRICT & SESSIONS JUDGE, MEMBER AND M.S GUPTA, REGISTRAR, MEMBER DATED :

8TH APRIL 2017 P.C.

1.

The consent terms duly singed by the learned Government Pleader appearing for the Appellant, the learned counsel appearing for the Respondents, Shri Dattaprasad D. Nade, the Deputy Collector (Land

Acquisition), Metro Center No.1, Panvel, as well as Shri Namdeo Tukaram Bhoir, the Respondent No.1(c) are taken on record and marked "X1" for identification. Shri Shriram S. Kulkarni, the learned counsel appearing for the Respondents on instructions of Shri Bhoir, the Respondent No.1(c), who is present in the Court, states that Shri Bhoir has signed the consent terms on behalf of all the Respondents and that the remaining Respondents will either personally visit the office of this Court and sign the consent terms or will produce a signed copy of the consent terms duly countersigned by the learned counsel himself. He states that this exercise shall be completed within a period of four weeks from today. We accept the statements. Permission is accordingly granted to sign the consent terms.

2.

The Appeal and the Cross Objection are disposed of in terms of the consent terms. Accordingly, there shall be an award in terms of the consent terms in accordance with Section 21 of the Legal Services Authority Act, 1987.

3.

Before issuing writ of this Court, the Registrar (Judicial-II) shall verify whether the consent terms are signed by the rest of the Respondents in terms of Paragraph 2 above.

4.

The Claimants are granted time of four weeks to pay deficit Court fees on the Cross Objections.

5.

The award shall be drawn and writ shall be issued only if deficit Court fee on the Cross Objections is paid within a period of four weeks from today.

6.

On production of certified copy of the Judgment and Award or on receipt of the writ of this Court, the Reference Court shall pass a formal order of cancellation and return of bank guarantee, if furnished, by the Respondents.

7.

In case of non-compliance by the Government of Maharashtra with the award by the Lok Adalat, the parties are free to approach the Court for seeking its implementation. ( A.S. OKA) HEAD OF THE PANEL ( S. S. DESHMUKH) MEMBER ( M.S. GUPTA, J) MEMBER