The Executive Engineer L.M.I. Division Latur Thr G.M.I.D.C. Aurangabad v. Bhimrao Namdev Devkate Chitgar And Others

22 First Appeal No 2217 of 2019.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT.JUSTICE S. D. KULKARNI HELD ON 08TH FEBRUARY, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 22 FIRST APPEAL NO.2217 OF 2019 . . .

THE EXECUTIVE ENGINEER L.M.I. DIVISION LATUR THR G.M.I.D.C. AURANGABAD COURT OF LOK ADALAT

VERSUS

BHIMRAO NAMDEV DEVKATE CHITGAR AND OTHERS ...

Advocate for Appellant : Mr.Arvind N. Gaddime Advocate for Respondents : Mr.A.N.Subnis A.G.P for State : Mr.A.M.Phule ...

O R D E R

1.

The learned Advocate Mr.A.N.Gaddime and Mr.G.K.Joshi - Executive Engineer, Latur Minor Irrigation Division, Latur for acquiring body and the learned Advocate Mr.A.N.Subnis for respondents are present. The learned A.G.P. Mr.A.M.Phule is also present.

2.

Parties have agreed that compensation awarded by the reference Court is covered by Government Resolution dated 3rd November, 2016 read with subsequent corrigendum dated 23rd February, 2017 and 13th August, 2018. In view of the same, the Appellant intends to withdraw the Appeal.

22 First Appeal No 2217 of 2019.odt 3.

In view of the above, leave is granted. The Appeals stand disposed of as withdrawn. Time of four months is hereby granted to the acquiring body to deposit the compensation amount from the date of this order. After deposit of the said compensation amount, the Respondents/Claimants are entitled to withdraw the said amount as per the proportion granted in the impugned award along with accrued interest. The interest part under Sections 28 and 34 of the Land Acquisition Act would be governed by the decisions in State of Maharashtra Vs. Kailash Shiva Rangari [2016(4) ALL MR 513 (F.B.)] and the State of Maharashtra and ors. Vs. Ramesh s/o Tukaram Meshram and ors. [2018(1) ALL MR 645]. Pending civil applications, if any, are also disposed of accordingly.

4.

The Appellant is entitled for refund of court fees as per the rules.

( K.C.SANT ) ( V.B.MANTRI) ( S. D. KULKARNI,J.) Advocate District Judge Head of the Panel Member ( Retd.) Member Date : 08/02/2020.

Place: Aurangabad.

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