Bombay High CourtFA/146/2018disposed off

Chief Executive Engineer, Karvanj Dharan Department, Nashik v. Shri. Mahadu Govind Palave And ORS.

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

DSS CAF-273-17INFAST-28051-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (STAMP) NO. 28051 OF 2016 WITH CIVIL APPLICATION NO. 273 OF 2017 Executive Engineer, Karvanjan Dharan Department Nashik ..Appellant versus Shri. Mahadu G. Palave and ors.

..Respondents Ms Chaitrali Deshmukh for the Appellant.

Mr. Yogesh Dabke - AGP for the State.

Mr. Prakash Ahuja for the 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] Ms. Deshmukh, learned counsel for the appellant, on instructions, submits that the compensation awarded in the present case is within the limits prescribed in the G.Rs. dated 3rd November 2016 and 23rd February 2017. She submits that as per the policy of the appellant/State Government, to this amount, is added a further amount of Rs.50,000/-. She submits that if the compensation amount is within such overall limits, the appellant, has agreed to withdraw 1/2

DSS CAF-273-17INFAST-28051-16 such appeal. Since, the compensation amount in the present appeal is within such overall limits, she craves leave to withdraw this appeal.

2] In this case, the compensation amount exceeds overall limits by only Rs.9/-. Therefore, in view of this special circumstances and in deference to the request made by Lok Adalat Panel, Ms.Deshmukh , on the basis of instructions from the appellant, withdraw this appeal as well.

3] Leave is granted. The appeal is disposed of as withdrawn 4] The appellant shall be entitled to refund of court fees in terms of the Rules prescribed.

5] 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