Bombay High CourtFA/1838/2019disposed offdismissed for default

The Executive Engineer, Pimpalgaon Joge Dharan Dept. v. The State Of Mah And ORS

2018-09-08Shri Justice J P Devadhar5 pages

( Order ) (1) Serial Nos. 902 to 984 on the

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI, HELD ON 08TH SEPTEMBER 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

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902 FIRST APPEAL (STAMP) NO. 159 OF 2013, 903 FIRST APPEAL (STAMP) NO. 178 OF 2013, 904 FIRST APPEAL (STAMP) NO. 181 OF 2013, 905 FIRST APPEAL (STAMP) NO. 184 OF 2013, 906 FIRST APPEAL (STAMP) NO. 187 OF 2013, 907 FIRST APPEAL (STAMP) NO. 194 OF 2013, 908 FIRST APPEAL (STAMP) NO. 197 OF 2013, 909 FIRST APPEAL (STAMP) NO. 428 OF 2013, 910 FIRST APPEAL (STAMP) NO. 435 OF 2013, 911 FIRST APPEAL (STAMP) NO. 438 OF 2013, 912 FIRST APPEAL (STAMP) NO. 441 OF 2013, 913 FIRST APPEAL (STAMP) NO. 444 OF 2013, 914 FIRST APPEAL (STAMP) NO. 447 OF 2013, 915 FIRST APPEAL (STAMP) NO. 450 OF 2013, 916 FIRST APPEAL (STAMP) NO. 453 OF 2013, 917 FIRST APPEAL (STAMP) NO. 456 OF 2013, 918 FIRST APPEAL (STAMP) NO. 460 OF 2013, 919 FIRST APPEAL (STAMP) NO. 463 OF 2013, 920 FIRST APPEAL (STAMP) NO. 466 OF 2013, 921 FIRST APPEAL (STAMP) NO.

469 OF 2013, 922 FIRST APPEAL (STAMP) NO. 473 OF 2013, 923 FIRST APPEAL (STAMP) NO. 476 OF 2013, 924 FIRST APPEAL (STAMP) NO. 479 OF 2013, 925 FIRST APPEAL (STAMP) NO. 482 OF 2013, 926 FIRST APPEAL (STAMP) NO. 485 OF 2013, 927 FIRST APPEAL (STAMP) NO. 488 OF 2013, 928 FIRST APPEAL (STAMP) NO. 491 OF 2013, 929 FIRST APPEAL (STAMP) NO. 494 OF 2013, 930 FIRST APPEAL (STAMP) NO. 497 OF 2013, 931 FIRST APPEAL (STAMP) NO. 500 OF 2013, 932 FIRST APPEAL (STAMP) NO. 503 OF 2013, 933 FIRST APPEAL (STAMP) NO. 506 OF 2013, 934 FIRST APPEAL (STAMP) NO.

( Order ) (2) Serial Nos. 902 to 984 on the 935 FIRST APPEAL (STAMP) NO. 515 OF 2013, 936 FIRST APPEAL (STAMP) NO. 519 OF 2013, 937 FIRST APPEAL (STAMP) NO. 522 OF 2013, 938 FIRST APPEAL (STAMP) NO. 526 OF 2013, 939 FIRST APPEAL (STAMP) NO. 529 OF 2013, 940 FIRST APPEAL (STAMP) NO. 533 OF 2013, 941 FIRST APPEAL (STAMP) NO. 536 OF 2013, 942 FIRST APPEAL (STAMP) NO. 540 OF 2013, 943 FIRST APPEAL (STAMP) NO. 546 OF 2013, 944 FIRST APPEAL (STAMP) NO. 549 OF 2013, 945 FIRST APPEAL (STAMP) NO. 552 OF 2013, 946 FIRST APPEAL (STAMP) NO. 557 OF 2013, 947 FIRST APPEAL (STAMP) NO. 560 OF 2013, 948 FIRST APPEAL (STAMP) NO. 563 OF 2013, 949 FIRST APPEAL (STAMP) NO. 566 OF 2013, 950 FIRST APPEAL (STAMP) NO. 569 OF 2013, 951 FIRST APPEAL (STAMP) NO. 572 OF 2013, 952 FIRST APPEAL (STAMP) NO. 575 OF 2013, 953 FIRST APPEAL (STAMP) NO.

579 OF 2013, 954 FIRST APPEAL (STAMP) NO. 583 OF 2013, 955 FIRST APPEAL (STAMP) NO. 587 OF 2013, 956 FIRST APPEAL (STAMP) NO. 591 OF 2013, 957 FIRST APPEAL (STAMP) NO. 594 OF 2013, 958 FIRST APPEAL (STAMP) NO. 598 OF 2013, 959 FIRST APPEAL (STAMP) NO. 603 OF 2013, 960 FIRST APPEAL (STAMP) NO. 606 OF 2013, 961 FIRST APPEAL (STAMP) NO. 612 OF 2013, 962 FIRST APPEAL (STAMP) NO. 615 OF 2013, 963 FIRST APPEAL (STAMP) NO. 618 OF 2013, 964 FIRST APPEAL (STAMP) NO. 621 OF 2013, 965 FIRST APPEAL (STAMP) NO. 624 OF 2013, 966 FIRST APPEAL (STAMP) NO. 627 OF 2013, 967 FIRST APPEAL (STAMP) NO. 630 OF 2013, 968 FIRST APPEAL (STAMP) NO. 633 OF 2013, 969 FIRST APPEAL (STAMP) NO. 636 OF 2013, 970 FIRST APPEAL (STAMP) NO. 640 OF 2013, 971 FIRST APPEAL (STAMP) NO. 643 OF 2013, 972 FIRST APPEAL (STAMP) NO. 646 OF 2013, 973 FIRST APPEAL (STAMP) NO.

649 OF 2013, 974 FIRST APPEAL (STAMP) NO.

( Order ) (3) Serial Nos. 902 to 984 on the 975 FIRST APPEAL (STAMP) NO. 656 OF 2013, 976 FIRST APPEAL (STAMP) NO. 660 OF 2013, 977 FIRST APPEAL (STAMP) NO. 675 OF 2013, 978 FIRST APPEAL (STAMP) NO. 678 OF 2013, 979 FIRST APPEAL (STAMP) NO. 681 OF 2013, 980 FIRST APPEAL (STAMP) NO. 684 OF 2013, 981 FIRST APPEAL (STAMP) NO. 687 OF 2013, 982 FIRST APPEAL (STAMP) NO. 690 OF 2013, 983 FIRST APPEAL (STAMP) NO. 693 OF 2013, 984 FIRST APPEAL (STAMP) NO. 696 OF 2013.

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ORDER

Learned Advocate Mr. G.B. Rajale present on behalf of the appellant - Executive Engineer, Pimpalgaon Joge Dharan Department. Learned Assistant Government Pleader Mr. A.M. Phule present on behalf of the State of Maharashtra. Learned Advocate Mr. Mahesh R. Sonawane present on behalf of the original claimants, in the matters at serial nos.903, 905, 906, 907, 916, 917, 921, 922, 924, 925, 931, 936, 938, 941, 944, 946, 950, 954, 955, 956, 961, 963, 965, 974, 975, 976 and 978 & learned Advocate Mr. R.R. Karpe in other matters.

02.

So also, officers namely, Mr. Ganpat Bhausaheb Nannor, Executive Engineer, Dimbhe Dam Division, Manchar, Taluka Ambegaon, District Pune, and Mr. Bhausaheb Dagadu Shinde, Sub-Divisional Officer, Pimpalgaon Joge, Dam Sub-Division No.4,

( Order ) (4) Serial Nos. 902 to 984 on the Kolwadi, Taluka Junnar, District Pune, on behalf of the acquiring body, are present.

03.

Learned Advocate appearing for the appellant - acquiring body, on instructions from the aforesaid officers, who are present before the panel, submitted that rate awarded by the impugned judgment and award passed by the reference court is less than four times of the rate awarded by the Special Land Acquisition Officer. In view of the above, the officers from the acquiring body and the learned Advocate appearing for the acquiring body, in tune with the Government Resolutions dated 03.11.2016 and 13.08.2018, seek leave to withdraw the First Appeals.

04.

In terms of the award passed by the reference court, a Pursis is filed, stating that, in all, amount of Rs. 2,27,35,981/- has been deposited by way of cheque dated 28.02.2014. This amount includes the amount of Rs. 1,33,76,266/- in respect of present 83 matters. Statement is made that the claimants have withdrawn the said amount. Now, the acquiring body has taken decision to settle the dispute finally which squarely falls in the category of both the above said Government Resolutions. The Pursis signed by all the parties is taken on record. 05.

In view of the above, leave is granted. All

( Order ) (5) Serial Nos. 902 to 984 on the the First Appeals are disposed of as withdrawn. Pending civil applications are also disposed of. If any of the claimants has not yet withdrawn the amount, such claimants are entitled to withdraw the amount deposited as per rules. Court-fees be refunded as per rules.

(K.B. Chaudhari) (A.T.A.K. Shekh) (Smt. Vibha Kankanwadi,J.) Advocate District Judge Head of the Panel Member (Retd.) Member Date : 08.09.2018 Place : Aurangabad.

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puranik / SrNos902to984