The Godavari Marathwada Irrigation Development Corporation Through The Executive Engineer,Nashik v. The State Of Maharashtra Through Special Land Acquisition Officer...

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3722 OF 2012 IN FIRST APPEAL (STAMP) NO. 21733 OF 2012 Godavari Marathwada Irrigation Development Corporation ..Appellant versus The State of Maharashtra & Ors.

..Respondents WITH CIVIL APPLICATION NO. 3758 OF 2012 IN FIRST APPEAL (STAMP) NO. 21661 OF 2012 WITH CIVIL APPLICATION NO. 3750 OF 2012 IN FIRST APPEAL (STAMP) NO. 21674 OF 2012 WITH CIVIL APPLICATION NO. 3726 OF 2012 IN FIRST APPEAL (STAMP) NO. 21723 OF 2012 WITH CIVIL APPLICATION NO. 3729 OF 2012 IN FIRST APPEAL (STAMP) NO. 21719 OF 2012 WITH CIVIL APPLICATION NO. 3724 OF 2012 IN FIRST APPEAL (STAMP) NO. 21728 OF 2012 WITH CIVIL APPLICATION NO. 3716 OF 2012 IN FIRST APPEAL (STAMP) NO. 21745 OF 2012 1/4

WITH CIVIL APPLICATION NO. 3732 OF 2012 IN FIRST APPEAL (STAMP) NO. 21710 OF 2012 WITH CIVIL APPLICATION NO. 3754 OF 2012 IN FIRST APPEAL (STAMP) NO. 21649 OF 2012 WITH CIVIL APPLICATION NO. 3730 OF 2012 IN FIRST APPEAL (STAMP) NO. 21715 OF 2012 WITH CIVIL APPLICATION NO. 3740 OF 2012 IN FIRST APPEAL (STAMP) NO. 21691 OF 2012 Ms Chaitrali Deshmukh i/b. Ms. Bhavan Khemani for Appellant - Godavari Marathwada Irrigation Development Corporation. Mr. A. A. Palkar - AGP for the State.

Mr. P. J. Ahuja for Respondents - Claimants.

CORAM : M. S. SONAK, J.

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

M.S. GUPTA, REGISTRAR (INSP.II.) MEMBER DATE : 9th SEPTEMBER, 2017.

P.C. :- 1] In all these matters, the appellants have taken out civil applications for condonation of delay. Since, they are not objected to, by consent, the delay is condoned. Civil applications are disposed of. 2/4

2] Ms Deshmukh states that in these matters Ms. Bhavana R. Khemani has filed the vakalatnamas. She submits that Ms. Bhavana R. Khemani is unable to remain present but the appellants have given authority letter to Ms Deshmukh to appear in these matters and to present the consent terms. The officers are also present in the court and they confirm this position. The authority letter is also placed on record. The same is taken on record.

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

4] The consent terms have been signed by the Advocate for the appellant who states that she has been duly authorized to file / sign and sign these consent terms. The consent terms have been filed by the Special Land Acquisition Officer and the learned AGP. The consent terms are also signed / bear the thumb impressions of the respondents - claimants. The signatures / thumb impressions have been duly identified by the learned counsel appearing for the respondents claimants. The learned counsel appearing for the respondents- claimants has also signed these consent terms signifying consent.

5] In terms of the consent terms, the appellant, has agreed to honour the Award made by the Reference Court and consequently, withdraw the appeals.

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6] In these cases, the respondents - claimants have not filed cross appeals / cross objections and the learned counsel appearing for the respondents / claimants state that they have no intentions to do so.

7] In case there is any issue of withdrawal of compensation amount, the Reference Court is directed to verify the identity of the claimants / legal representatives, if any, at the stage of permitting withdrawal. Necessary endorsement to be made in that regard at the stage of permitting withdrawal.

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

9] The appeals are disposed of in terms of the consent terms. Necessary awards to be drawn in terms of the consent terms. 10] Since the appeals are now disposed of, the pending civil applications, if any, do not survive and the same are also disposed of. (M.S. SONAK,J.) HEAD OF THE PANEL (C.D. GONGLE) MEMBER (M.S. GUPTA) chandka MEMBER 4/4