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Bombay High CourtFA/43/2018disposed off

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

2017-12-09Hon'Ble Shri Justice M.S. Sonak,Retired Judge,Registrar(Judicial Ii Fa)2 pages

SKC 5-caf-3752=fast-21671-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3752 OF 2012 IN FIRST APPEAL (STAMP) NO. 21671 OF 2012 WITH CIVIL APPLICATION NO. 3753 OF 2012 IN FIRST APPEAL (STAMP) NO. 21671 OF 2012 The Godavari Marathwada Irrigation Development Corporation ..Appellant versus The State of Maharashtra & Ors.

..Respondents Ms Bhavana Khemani for Appellant.

Mr. Yogesh Dabke - AGP for State.

Mr. Prakash Ahuja for Respondents - Claimants. Ms V.M. Mali, Special Land Acquisition 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. The consent terms have been signed by the parties and 1/2

SKC 5-caf-3752=fast-21671-12 their Advocates. The Advocates have identified the signatures / thumb impressions of the parties.

3] In terms of the G.Rs. dated 3rd November 2016 and 23rd February 2017, the State Government has taken out a policy decision to settle matters provided the compensation awarded by the Reference Court is within the limits prescribed in the said G.Rs. Thereafter, by yet another policy decision, the State / Appellant has resolved to settle the matters by adding a buffer amount of Rs.50,000/-, over and above the limits prescribed in the G.Rs. dated 3rd November 2016 and 23rd February 2017. 4] In the present case, since the compensation amount is within the over all limits as aforesaid, the appellant and the respondents - claimants have resolved to settle this matter. 5] Accordingly, this appeal is disposed of in accordance with the consent terms.

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

7] The appeal and the civil applications, if any, are disposed of accordingly.

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