← Library
Bombay High CourtFA/3539/2016withdrawn

The Executive Engineer Lower Terna Project Latur Under G.M.I.D.C. Aurangabad And Another v. Ankush Dashrath Babulsure And Another

2019-07-13Shri Justice J P Devadhar3 pages

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 13TH JULY, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 65 FIRST APPEAL NO.3534 OF 2016 WITH FA/3531/2016 WITH CA/2415/2015 IN FA/3531/2016 WITH FA/3532/2016 WITH CA/2417/2015 IN FA/3532/2016 WITH FA/3533/2016 WITH CA/2421/2015 IN FA/3533/2016 WITH FA/3535/2016 WITH CA/2411/2015 IN FA/3535/2016 WITH FA/3536/2016 WITH FA/3537/2016 WITH FA/3538/2016 WITH CA/2405/2015 IN FA/3538/2016 WITH FA/3539/2016 WITH CA/2419/2015 IN FA/3539/2016 WITH FA/3540/2016 WITH FA/3541/2016 WITH CA/2409/2015 IN FA/3541/2016 WITH FA/3542/2016 WITH CA/2403/2015 IN FA/3542/2016 THE EXECUTIVE ENGINEER LOWER TERNA PROJECT LATUR UNDER G.M.I.D.C. AURANGABAD AND ANOTHER

VERSUS

SANGRAM SHIVDARSHAN PATIL .....

Advocate for Appellants : Mr. D.B. Pawar AGP for State: Mr. A.P. Basarkar Advocate for Respondents : Mr. S.S. Manale (12)

O R D E R

1.

Shri Sanjay Vishnupant Jewlikar, Executive Engineer, Lower Terna Canal Division No.2 is present in person. Mr. Pawar, learned counsel appearing for the appellant acquiring body and Mr. Basarkar, learned A.G.P. for the State, on instructions from the aforesaid officer, who is present before the panel submit that the 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 above, learned counsel Mr. Pawar, appearing for the appellant acquiring body, on instructions of the aforesaid officer, who is present before the panel and in tune with the Government Resolution dated 03.11.2016 and

-2subsequent corrigendum dated 23.02.2017 and 13.08.2018 seeks leave to withdraw these first appeals.

2.

Learned counsel Mr. Pawar, appearing of that appellant acquiring body on instructions submits that the acquiring body has deposited entire amount of the compensation as awarded at the enhanced rate by the Reference court. Mr. Manale, learned counsel appearing for the respondents-claimants, on instructions, submits that the respondentsclaimants have withdrawn the amount as deposited by the appellantacquiring body. 3.

The Government has already taken policy decision to settle the dispute finally which squarely falls in the category as explained in the Government Resolutions dated 03.11.2016 and subsequent corrigendum dated 23.02.2017 and 13.8.2018. In view of the above, leave granted. All first appeals are disposed of as withdrawn. The Court Fees be refunded as per rules.

4.

The pending Civil Applications, if any, are also disposed of accordingly.

5.

The appellant acquiring body would be at liberty to initiate the proceedings for recovery of the payment of interest awarded under Sections 28 and 34 of Land Acquisition Act 1894 in terms of the ratio laid down by the Full Bench of this Court in the case of State of

-3Maharashtra vs. Kailash Shiva Rangari, reported in 2016(4) ALL MR 513 (F.B.), judgment of learned Single Judge of this court in the case of State of Maharashtra vs Ramesh Tukaram Meshram and another, reported in 2018 (1) ALL MR 645 and unreported judgment of this court dated 5th March, 2018 in first appeal No. 483 of 2018 (State of Maharashtra and others vs. Pandharinath Govind Misal and others) and other connected appeals, if it is applicable.

6.

The respondents-original claimants are at liberty to file an application for bringing the legal heirs/representatives on record, if occasion so arises, even after disposal of the appeal/s. The amount, if paid in excess, the same shall be refunded to the acquiring body. (K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 13.07.2019 Place: Aurangabad rlj/