The State Of Maharashtra, Through The Special Land Acquisition Officer Metro Center No.1 v. Shri. Vitthal Shaniwar Govari And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.255 OF 2007 WITH L.A.R.NO.124 OF 2003 The State of Maharashtra.

..

Appellant

Versus

Shri Vitthal Shaniwar Govari, (since deceased through his legal heirs:-) 1A.

Krushnabai Vitthal Govari & Others.

..

Respondents -- Shri S.K. Shinde, Government Pleader for the Appellant. Shri Sachin Punde for the Respondents.

-- CORAM :

A.S.OKA, J S.S.DESHMUKH, RETIRED DISTRICT & SESSIONS JUDGE, AND M.S GUPTA, REGISTRAR DATED :

8TH APRIL 2017 P.C.

1.

The consent terms duly singed by the learned Government Pleader appearing for the Appellant, the learned counsel appearing for the Respondents, Shri Dattaprasad D. Nade, the Deputy Collector (Land Acquisition), Metro Center No.1, Panvel, as well as Shri Kishor Vitthal Govari, the Respondent No.1C are taken on record and marked "X1" for identification. Shri Punde, the learned counsel appearing for the

Respondents on instructions of the Respondent No.1C, who is present in the Court, states that the Respondent No.1C has signed the consent terms on behalf of all the Respondents and that the remaining Respondents will either personally visit the office of this Court and sign the consent terms or will produce a signed copy of the consent terms duly countersigned by the learned counsel himself. He states that this exercise shall be completed within a period of four weeks from today. We accept the statements. Permission is accordingly granted to sign the consent terms.

2.

The Appeal is disposed of in terms of the consent terms. Accordingly, the award shall be drawn in terms of the consent terms in accordance with Section 21 of the Legal Services Authority Act, 1987. The Registry will draw the award only after all the Respondents sign the consent terms. Even writ of this Court shall be issued only after all the Respondents sign the consent terms.

3.

If the Respondents-Claimants have furnished a bank guarantee, the Reference Court, on production of the certified copy of the Judgment and Award or on receipt of the writ of this Court, shall pass a formal order of discharge of bank guarantee and return the same to the Respondents-Claimants.

4.

In view of the settlement arrived at, Civil Application No.460 of 2007 is disposed of.

5.

In case of non-compliance by the Government of Maharashtra with the award by the Lok Adalat, the parties are free to approach the Court for seeking its implementation. ( A.S. OKA, J) HEAD OF THE PANEL ( S. S. DESHMUKH) MEMBER ( M.S. GUPTA) MEMBER