State Of Mah And ANR Thr Executive Engineer Lower Terna Project,Makani, Dist Latur v. Vishwanath Kundlikamore
IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE
SHRI JUSTICE KISORE C. SANT, HELD ON 27.07.2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.
5 FIRST APPEAL NO. 1133 OF 2009 STATE OF MAHARASHTRA AND ANR THR EXECUTIVE ENGINEER LOWER TERNA PROJECT,MAKANI, DIST LATUR
VERSUS
VISHWANATH KUNDLIKA MORE ...
Additional G.P. for Appellant/State : Mr.A.R.Kale Advocate for Respondent : Mr. Bhapkar S.B.
...
O R D E R
( 27 th JULY, 2024 ) 1.
This appeal is placed before today's National Lok Adalat by the appellant/State. Today Mr. Gajanan S. Shinde, Tahsildar Deoni, District Latur is present on behalf of the Collector, Latur along with Additional G.P. Mr. A.R. Kale for the Appellant/State is present before the Panel of Lok Adalat. 2.
The learned Additional G.P. for the appellant/State on instructions, submits that appeal is squarely covered by the Government Resolution No. Sankirna-2014/pra.kra.4/Bham1/A-4 dated 3rd November, 2016 with Government Corrigendum dated 23rd February, 2017 and 13th August, 2018 to the said
Government Resolution. The learned Additional G.P. further submits that the appeal can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing this appeal. The statement made by learned Additional G.P. is accepted by both the parties in consonance with the recitals in the Government Resolution. 3.
The learned Additional G.P. for the State further submits that entire amount of compensation in this appeal has been deposited in the Court and later on withdrawn by the original claimants by obtaining orders from the this Court. He further submits that, in these circumstances, nothing survived in these appeals. The First Appeal stands disposed off. 4.
In view of the above, the appeal is fit to be disposed off before this today's National Lok Adalat. However, before deposing off the appeal, it is clarified that, in case, any amount is lying with this Court, the office of this Court is directed to transmit the same to the reference Court. It is further clarified that, if the amount of compensation is not deposited, same shall be deposited in reference Court within a period of six months from the date of receipt of this order. The claimants are entitled
to withdraw the deposited compensation amount alongwith accrued interest thereon. The reference Court shall disburse the said amount alongwith accrued interest to the original claimants without requiring any formal application from them. 5.
The First Appeal stands disposed off as withdrawn. No order as to costs.
6.
Consequently, pending Civil Applications, if any, shall also be disposed off.
7.
Award be drawn up accordingly.
8.
The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act. (A.B.KADETHANKAR) ( S.G.SHETE ) ( KISHORE C. SANT, J. ) Member D.J. (Retd.) Head of the Panel Member Date : 27.07.2024.
Place : Aurangabad.
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