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Bombay High CourtFA/865/2017compromisedconsent terms

The State Of Maharashtra v. Waman Rama Gaikwad

2018-07-14Hon'Ble Shri Justice R.D. Dhanuka,National Lok Adalat2 pages

kvm 1/2 62-FA865.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT FIRST APPEAL NO. 865 OF 2017 The State of Maharashtra & Anr.

..... Appellants

VERSUS

Waman Rama Gaikwad, Since deceased through his legal heir Rangnath Waman Waikwad ..... Respondent AND Godavari Marathwada Irrigation Development Corporation ..... Intervenor Ms.Ashwini Takalkar, A.G.P. for the State - Appellants. Ms.Chaitrali Deshmukh for the Intervenor.

Mr.Ravindra D. Pawar for the Original Claimant. Ms.Madhumati Sardesai, Special Land Acquisition Officer, Irrigation No.1 present.

CORAM : R.D. DHANUKA, J., : A.M.KURHEKAR (REGISTRAR-LEGAL & RESEARCH) & MEMBER : S.R. SALKUTE, (OFFICER ON SPECIAL DUTY) & MEMBER DATE : 14th JULY, 2018.

P.C.

The legal heirs of the original claimant be impleaded as respondent no.1A.

2.

Learned counsel for the acquiring body, for the appellants, for the claimants, the Special Land Acquisition Officer, the authorized officer of the acquiring body, the legal heir of the original claimant

kvm 2/2 62-FA865.17 tender consent terms dated 14th July, 2018 duly signed by them. The signatures/thumb impression of the parties are identified by their respective advocates.

3.

Learned counsel appearing for the claimant states that the consent terms are explained to his clients in Marathi. Statement is accepted.

4.

Consent terms dated 14th July, 2018 are taken on record and marked 'X' for identification.

5.

First appeal is disposed of in terms of the consent terms. No order as to costs.

6.

Refund of court fees as per rules.

7.

Learned counsel for the claimants states that his clients have no objection if the surplus amount, if any, deposited by the acquiring body as mentioned in clause (5) is returned to be acquiring body out of the amount deposited by the acquiring body before the reference court. (S.R. SALKUTE) (A.M.KURHEKAR) (R.D. DHANUKA, J.) (OFFICER ON SPECIAL (REGISTRAR - DUTY) & MEMBER LEGAL & RESEARCH) & MEMBER