The State Of Maharastra And Another v. Subhash Gangadhar Gheware

1 FA 3435-2017, 3436-2017

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI, HELD ON 14TH DECEMBER, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

84 FIRST APPEAL NO.3435 OF 2017 THE STATE OF MAHARASTRA AND ANOTHER

VERSUS

SUBHASH GANGADHAR GHEWARE ...

AGP for Appellant : Mr. A. M. Phule.

Advocate for Respondents No.19: Mr. A. M. Gaikwad. ...

85 FIRST APPEAL NO.3436 OF 2017 THE STATE OF MAHARASHTRA AND ANOTHER.

VERSUS

ATMALING GANGADHAR GHEWARE ...

AGP for Appellant : Mr. A. M. Phule.

Advocate for Respondents No.19: Mr. A. M. Gaikwad. ...

ORDER

1.

Mr. Avinash Kamble, Sub-Divisional Officer, Ausa-Renapur-Latur, authorized officer is present, learned AGP Mr. A. M. Phule is present, learned Advocate Mr. A. M. Gaikwad is present for the claimant. 2.

Parties agree that the enhancement in the compensation that has been granted by the Reference Court is within four times of the compensation awarded by Special Land Acquisition Officer, and therefore, the matters are squarely covered by Government Resolution dated 3rd

2 FA 3435-2017, 3436-2017 November 2016, granted by the Reference Court and corrigendum dated 23-02-2017 and 13-08-2018.

3.

Parties agree that the interest that can be awarded on the compensation will have to be governed by the ratio in State of Maharashtra v. Kailash Shiva Rangari, reported in AIR 2016 Bombay 141, and therefore, with the same modification, the Government is withdrawing the appeals to which the claimants have no objection. Therefore, all the appeals are disposed of with the modification in the award to the extent of interest as aforesaid. Court fee be refunded as per rules. Pending civil applications stand disposed of accordingly.

[K. C. SANT] [A. T. A. K. SHEKH] [SMT. VIBHA KANKANWADI, J.] Advocate District Judge Head of the Panel Member (Retd.) Member Date : 14.12.2019 Place : Aurangabad.

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