The Ex Engineer Vadala Left Bank Canal Irrigation Division Osmanabad v. Yuvraj Maroti Shinde And ANR
-1IN THE LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE NEERAJ P. DHOTE, HELD ON 22.03.2025 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD ...
FIRST APPEAL NO. 2454 OF 2010 The Executive Engineer, Vadala Left Bank Canal Irrigation Division, Osmanabad, the Godavari Marathwada Irrigation Development Corporation Ltd., Aurangabad.
... Appellant [Orig. Respondent No. 2]
Versus
1.
Yuvraj s/o Maroti Shinde, Aged 27 years, Occupation - Agriculture, R/o. Ujani, Tahasil Ausa, District Latur (Original Claimant) 2.
The State of Maharashtra Through the Collector, Latur [Original Respondent No.1] ... Respondents ....
Shri. B. R. Surwase - Advocate for the Appellant Shri. S. S. Manale, Advocate for Respondent No. 1 Shri. M. R. Deshmukh - Sub-Divisional Engineer representing Executive Engineer, Lift Irrigation Division, Dharashiv. Shri. S. S. Dande - AGP for Respondent No.2/State Shri. Yuvraj Maroti Shinde - Claimant is present .....
ORDER : - 1.
The present First Appeal is listed before us in today's Lokadalat.
2.
Shri. M. R. Deshmukh - Sub-Divisional Engineer representing Executive Engineer, Lift Irrigation Division, Dharashiv, is
-2present before us. Shri. B. R. Surwase, learned Advocate representing the Appellant/Acquiring Body is present. Shri. Yuvraj Maroti Shinde, Respondent No. 1 is present along with his Advocate Shri. S. S. Manale. Shri. S. S. Dande, learned AGP appears on behalf of Respondent No. 2 / State.
3.
Both the parties filed Compromise Pursis on record, which is marked as "X" for the purpose of identification. 4.
Both the parties submit that the Claim is within the parameters given by the Government Resolution No.Sankirn 2014/Pra.Kra.4/Bham-1/A-4 dated 3rd November, 2016 with Government Corrigendum dated 23rd February, 2017 and 13th August, 2018 to the said Government Resolution, and they took a decision to settle the Appeal by accepting the market rate determined by the Reference Court, which is within the parameters set out in the Government Resolution. The statement made by both the learned Advocates is in consonance with the recitals in the Government Resolution. In turn, this Appeal is fit to dispose off before this National Lok Adalat.
-35.
Shri. B.R. Surwase, learned Advocate for the Acquiring Body informs that he has received instructions to withdraw the Appeal as the parties have arrived at compromise as the amount has been already deposited in the Reference Court as per the terms of Compromise (joint pursis which is filed on record and marked as "X").
6.
As per the terms of joint pursis/compromise ("X"), the Respondent No. 1 - Claimant is entitled to receive compensation as per the award along with interest from the date of award and the Acquiring Body is entitled to receive compensation along with interest @ 9% and 15% from the date of award on the enhanced amount. The amount of interest paid to the Claimant prior to the date of award till the date of notification be refunded to the Acquiring Body. 7.
Learned Advocate Shri. Manale submits that the Claimant is ready to refund the amount of interest as stated in the pursis and the same may be adjusted from the Bank guarantee, if not paid and after adjustment of the said amount the Bank guarantee be returned to the Claimant.
-48.
The Appeal accordingly stands disposed off in terms of the Compromise Pursis.
9.
The award be drawn as per the joint Pursis and the same shall be disbursed on Bank guarantee.
10.
Court fees refund certificate be issued as per the provisions under the Maharashtra Court Fees Act, 1959. 11.
Pending Civil Application/s, if any, stand/s disposed of. (A.R.Borulkar) Advocate Member (S.G. Shete) District Judge (Retd.) Member (Neeraj P. Dhote) Judge Head of the Panel Date: 22.03.2025 Place: Aurangabad SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 27/03/2025 10:34:06