Bombay High CourtFA/127/2018disposed off

The Executive Engineer v. Amruta Gangaram Bendkoli And ORS.

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

DSS 13-caf-2311-16infst-33930-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION FIRST APPEAL (STAMP) NO.33930 OF 2015 WITH CIVIL APPLICATION NOS. 2311 AND 2312 OF 2016 The Executive Engineer, Kashyapi Prakalp, Sub- Division -1, Nashik ..Appellant versus Amruta G. Bendkoli and ors.

..Respondents Ms Bhavna R. Khemani 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] The learned counsel for the parties hand in consent terms which are duly signed by the parties. The parties have been identified by their advocates. The consent terms are taken on record and marked as 'X' for the purposes of identification. 1/2

DSS 13-caf-2311-16infst-33930-15 2] In the consent terms, there is no specific mention that the award will be restricted to Rs.11,51,695/- and that the respondentsclaimants will waive an amount of Rs.4956/- 3] Mr. Ahuja, learned counsel for the respondents-claimants, on basis of instructions from the respondents-claimants makes a specific statement that the respondents-claimants waive amount of Rs.4956/-. He states that the consent terms be construed accordingly.

4] The consent terms with modification has agreed and accepted. The appeal is disposed of on the basis of such consent terms. The award to stand modified accordingly. . 5] The appellant shall be entitled to refund of court fees in terms of the Rules as permissible.

6] The appellant is therefore, at liberty to withdraw the amount of Rs.4956/- and the balance amount can be withdrawn by the respondent-claimants.

7] Since the appeal is now disposed of, the pending civil applications, if any, do not survive and the same are also disposed of.

(G. B. GURAV) (C.D. GONGLE) (M.S. SONAK,J.) MEMBER MEMBER HEAD OF THE PANEL 2/2