G.M.I.D.C.Ltd. Through Exe Engineer Lower Terna Project At Latur v. Dipak Shivkanthappa Tugave And Another

1 TOB-2054-19 FA.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, J. HELD ON 25Th SEPTEMBER, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 2054 OF 2019 GMIDC, AURNAGABAD THROUGH EXECUTIVE ENGINEER, LOWER TERNA PROJECT, LATUR

VERSUS

DEEPAK SHIVKANTHAPPA TUNGAVE AND ANOTHER

O R D E R

1.

Not on board, taken on board with the consent of both the sides. 2.

Mr. S.C. Arora, learned counsel holding for appellant/acquiring body, Mr. M.R. Malpani, learned counsel holding for Mr. B.K. Pawar, learned counsel for respondents/claimants are present. 3.

This Appeal is placed before today's National Lok Adalat in view of settlement between the parties.

4.

Learned counsel appearing for the respective sides and concerned parties submitted that they have settled their dispute amicably and they have placed on record terms of compromise. They further submitted that the matters have been fully and finally settled between the parties. The compromise pursis / terms of compromise are taken on record and marked as 'X' for identification.

2 TOB-2054-19 FA.odt 5.

It is submitted that in view of terms of compromise, this appeal may be disposed of with modification in the award passed by the Reference Court under Section 18 of the Land Acquisition Act, 1894 to the extent of interest in view of Full Bench decision of this Court in case of State of Maharashtra Vs Kailash Shiva Rangari reported in 2016 (4) ALL MR 513.

6.

In view of terms of settlement arrived between the parties, this appeal is disposed of with modification in the award passed by the Reference Court under Sections 18 of the Land Acquisition Act, 1894 to the extent of interest under Sections 28 and 34 of the land Acquisition Act, 1894 in view of Full Bench decision of this Court in case of State of Maharashtra Vs Kailash Shiva Rangari (supra). The award passed by the Reference Court is modified to the extent of interest under Sections 28 and 34 of the Land Acquisition Act, 1894.

7.

The acquiring body has already deposited the amount of compensation.

8.

The appellants/claimants are entitled to withdraw the amount deposited by the acquiring body with interest accrued thereon. 9.

The Court fee refund certificate be issued as per the rules in favour of the appellants/claimants. Registry to take necessary steps to that effect.

3 TOB-2054-19 FA.odt 10.

The award/decree be drawn up in terms of compromise. 11.

The Civil Application/s pending if any, also stand/s disposed of. 12.

No order as to the costs.

( K. C. Sant ) ( V. B. Mantri ) (SHRIKANT D. KULKARNI, J. ) Advocate District Judge (Retd.) Head of the Panel Member Member Date : 25.09.2021.

Place : Aurangabad.

S P Rane