Bombay High CourtFA/140/2018disposed off

Executive Engineer, Madhayam Project Department, Karanjvan Dharan Department, Nashik v. Shri. Ananda Ragho Mondhe Deceased Through Lrs Shri. Pandurang Ananda Mondhe And ORS.

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

DSS caf-328-17@FAST-26876-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (STAMP) NO. 26876 OF 2016 WITH CIVIL APPLICATION NO.328 OF 2017 Executive Engineer Madhayam Project Department, Karanjvan Dharan Department, Nashik ..Appellant versus Shri. Ananda Ragho Mondhe (deceased through LRS.) and anr.

..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] In this case, learned counsel for the parties hand in consent terms, in terms of which, the appeal has to be disposed of. 2] Ms Deshmukh, learned counsel for the appellant, points out that the compensation amount in the present case is slightly 1/2

DSS caf-328-17@FAST-26876-16 beyond the overall limits prescribed in the GRs. dated 3rd November 2016 and 23rd February 2017, to which, a further amount of Rs.50,000/- has been added as per the policy of the appellant/ State Government. The excess amount is only Rs.975/-. 3] In this case, the Members of the Panel pointed out that the excess amount is really not very significant and further, this is a case where the appeal itself instituted after delay of 3 years and 10 days. 4] Taking into these circumstances into consideration and any deference to the suggestion of the Panel that this is a fit case where the matter should be settled, the consent terms are filed, which in effect, seek withdrawal of the appeal. The consent terms are therefore, taken on record and this appeal is disposed of in accordance with the consent terms. The consent terms are marked as "X" for the purpose of identification.

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

6] 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