Bombay High CourtFA/128/2018disposed off

Executive Engineer, Madhyam Project Department, Karanjvan Dharan Department, Nashik v. Shri. Hari Ganpta Khade (Through Power Of Attorney Holder Resp. No.9 Shri.Budha K. Khade) And ORS.

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

DSS caf-318-17@fast-26335-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (STAMP) NO. 26335 OF 2016 WITH CIVIL APPLICATION NO. 318 OF 2017 Executive Engineer Madhayam Project Department, Karanjvan Dharan Department, Nashik ..Appellant versus Shri. Hari G. Khade and ors.

..Respondents Ms Chaitrali Deshmukh for Appellant.

Mr. Yogesh Dabke - AGP for State.

Mr. Prakash Ahuja for the 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. 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-318-17@fast-26335-16 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 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] Since the appeal is 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 (G. B. GURAV) MEMBER 2/2