Executive Engineer, Minor Irrigation Divison Sinchan Bhavan v. Trambak Hari Sanap And ANR

2024:BHC-AUG:30161 ( 1 )

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 30th NOVEMBER 2024, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 40 FIRST APPEAL NO. 1647 OF 2010 Exectuve Engineer Dhule Medium Project Division No 1 Dhule

VERSUS

Santribai Indal Vanjari And Ors AND 52 FIRST APPEAL NO. 1829 OF 2012 Executive Engineer, Minor Irrigation Divison Sinchan Bhavan

VERSUS

Trambak Hari Sanap And Anr WITH CIVIL APPLICATION NO. 7284 OF 2012 IN FA/1829/2012 AND 53 FIRST APPEAL NO. 1987 OF 2012 The Executive Engineer, Dhule Medium Project Division 1.

VERSUS

Shantibai Bhivsan Mahar And Ors ...

Mr.Ajay Pawar Advocate for Appellant/Acquiring Body. Mr. Chetan Jadhav, Advocate for Mr. Varun R. Pawar, Asst. Engineer, Grade-I, MID Dhule is present.

O R D E R

(30th NOVEMBER 2024) 1.

These appeals are placed before us in today's National Lok Adalat.

( 2 ) 2.

Mr.Chetan Jadhav and Mr.Ajay Pawar, the learned Advocates for the appellant-Acquiring Body alongwith Mr. Varun Pawar, Assistant Engineer, Grade-I for MID are present.

3.

The learned Advocates for the appellants-Acquiring Body submitted that above numbered group of first appeals is squarely covered by the Government Resolution No.

Sankirna-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. In turn, these appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the appellant/Acquiring Body are withdrawing these appeals, communication/letter to that extent is placed on record and marked "X" for identification. 4.

The learned Advocate for the appellant/Acquiring Body submits that the entire amount of the compensation is deposited. The claimants are entitled to receive the amount along with accrued interest thereon, if the amount is not withdrawn by the claimants. 5.

However, before disposing of the appeals it is further clarified that in case, if any, amount is lying with this Court, then same shall be

( 3 ) transmitted to the concerned reference Court. The Reference Court shall disburse the said amount to the claimants without requiring any formal application for withdrawal.

6.

The learned Advocates for the Appellant/Acquiring Body further submits that in these circumstances, nothing survive in these appeals, appeals stand disposed of as withdrawn. No order as to costs. 7.

Award be drawn up accordingly.

8.

In view of disposal of the appeals, pending civil applications, if any, stand disposed off.

9.

The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act.

[A. B. KADETHANKAR] Advocate Member [S. G. SHETE] DJ (Retd.) Member [KISHORE C. SANT, J.] Head of Panel Ethape