The Executive Engineer Kadawa Canal Division, Nashik v. The State Of Maharashtra Through Special Land Acquisition Officer No.2,Nashik And ORS

SKC 8-FA-431-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 431 OF 2015 The Executive Engineer Kadawa Canal Division, Nashik ..Appellant versus The State of Maharashtra & Ors.

..Respondents Ms Bhavana Khemani for Appellant.

Mr. Yogesh Dabke - AGP for State.

Mr. Sham Valve for 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] The learned counsel for the parties hand in consent terms which are taken on record and marked as 'X' for the purposes of identification.

2] The consent terms have been signed by the parties and their Advocates. The Advocates have identified the signatures / thumb impressions of the parties.

3] The State Government / appellant has taken out a policy decision to settle cases where the compensation amount is within the limits prescribed in G.Rs. dated 3rd November 2016 and 23rd February 2017, to which the further buffer amount of Rs.50,000/- can be added. 1/2

SKC 8-FA-431-15 4] In the present case, the compensation amount exceeds the overall limits by Rs.1,27,377/-. The respondents - claimants have however specifically agreed to waive of the excess amount of Rs.1,27,377/-. The learned counsel for the respondents - claimants has requested this Court to record such waiver and on such basis, dispose of the appeal by modifying the award. 5] Accordingly, the consent terms are taken on record and the appeal is disposed of in terms thereof.

6] Modified award is directed to be drawn out in terms of the consent terms.

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

8] Since the appeal is 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 Chandka 2/2