Executive Engineer v. Smt.Anusaya Dagadu Mondhe(Deceased)Shri.Hiraman Dagadu Mondhe And ORS.

DSS caf-2543-17-fast-17667-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2543 OF 2017 IN FIRST APPEAL NO. 17667 OF 2017 Executive Engineer Karanjvan Dharan Department, Nashik ..Appellant versus Smt. Anusaya D. Mondhe (deceased) Nos.2 to 4 are the Legal Heirs so name deleted and anr.

..Respondents Ms Chaitrali Deshmukh for Appellant.

Mr. Yogesh Dabke - AGP for State.

Mr. Prakash Ahuja for Respondents - Claimants. Ms V.M. Mali, Special Land Acquisition Officer No.2, Nashik, present CORAM :

M. S. SONAK, J.

(HEAD OF THE PANEL) : C.D. GONGLE, RETIRED DISTRICT JUDGE, MEMBER & :

G.B. GURAV, REGISTRAR (JUDICIAL - II ) MEMBER DATE : 9th DECEMBER, 2017.

P.C. :- 1] Since the civil application for condonation of delay is not objected to, delay is condoned and the civil application is disposed of, with consent.

2] The learned counsel for the parties hand in consent terms which are taken on record and marked as 'X' for the purposes of identification.

3] The consent terms have been signed by the parties and their Advocates. The Advocates have identified the signatures / thumb impressions of the parties.

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DSS caf-2543-17-fast-17667-17 4] The State Government / appellants has taken out a policy decision to settle cases where the compensation amount is within the limits prescribed in G.Rs. dated 3rd November 2016 and 23rd February 2017, to which the further buffer amount of Rs.50,000/- can be added.

5] In the present case, the compensation amount exceeds the overall limits by Rs.12,553/-. The respondents - claimants have however specifically agreed to waive of the excess amount of Rs.12,553/-. The learned counsel for the respondents - claimants has requested this Court to record such waiver and on such basis, dispose of the appeal by modifying the award. 6] Accordingly, the consent terms are taken on record and the appeal and the civil applications are disposed of in terms thereof. 7] Modified award is directed to be drawn out in terms of the consent terms.

8] The appellant shall be entitled to refund of court fees in terms of the Rules as permissible.

9] Since the appeal is now disposed of, the pending civil applications, if any, do not survive and the same are also disposed of.

(G. B. GURAV) (C.D. GONGLE) (M.S. SONAK,J.) MEMBER MEMBER HEAD OF THE PANEL 2/2