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Bombay High CourtFA/2636/2008disposed offdismissed for default

The State Of Mah And ORS v. Sarkubai Poonaji Kokani

2018-07-14Shri Justice J P Devadhar6 pages

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 14TH JULY, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 938 FIRST APPEAL NO. 2636 OF 2008 THE STATE OF MAH & ORS SARKUBAI POONAJI KOKANI 939 X-OBJECTION (STAMP) NO. 13808 OF 2008 IN FA/2654/2008 PANCHKULABI LAXMA PATHARVAT AND ANR 940 X-OBJECTION (STAMP) NO. 13809 OF 2008 IN FA/2657/2008 RAMDAS NATHU KOKANI & ANR 941 X-OBJECTION (STAMP) NO. 13810 OF 2008 IN FA/2641/2008 MANSU DEVAJI GAVIT 942 X-OBJECTION (STAMP) NO. 13811 OF 2008 IN FA/2643/2008 BAPU SHAMU KOKANI 943 X-OBJECTION (STAMP) NO. 13812 OF 2008 IN FA/2642/2008 BHADI REVA

-2944 X-OBJECTION (STAMP) NO. 13814 OF 2008 IN FA/2658/2008 JATREYA BARKEYA 945 X-OBJECTION (STAMP) NO. 13816 OF 2008 IN FA/2656/2008 CHUNILAL SHIVLYA KOKANI 946 X-OBJECTION (STAMP) NO. 13817 OF 2008 IN FA/2639/2008 KAGDIBAI DEJEYA GAVIT 947 X-OBJECTION (STAMP) NO. 13819 OF 2008 IN FA/2655/2008 TETEYA SELEYA KOKANI AND ANR 948 X-OBJECTION (STAMP) NO. 13821 OF 2008 IN FA/2635/2008 ASHOK SAIMAN KOKANI AND ORS 949 X-OBJECTION (STAMP) NO. 13824 OF 2008 IN FA/2653/2008 PUNAJI NOORJI KOKANI AND ANR

-3950 X-OBJECTION (STAMP) NO. 13826 OF 2008 IN FA/2652/2008 PUNAJI SHIVALYA THE SPECIAL LAND ACQUISITION OFFICER, NANDURBAR AND ORS 951 X-OBJECTION (STAMP) NO. 13831 OF 2008 IN FA/2637/2008 BAKARAM SHANKAR KOKANI THE SPECIAL LAND ACQUISITION OFFICER, NANDURBAR AND ORS 952 X-OBJECTION (STAMP) NO. 13833 OF 2008 IN FA/2650/2008 JAYSING SHIVLYA THE SPECIAL LAND ACQUISITION OFFICER, NANDURBAR AND ORS 953 X-OBJECTION (STAMP) NO. 13834 OF 2008 IN FA/2649/2008 SHIVLYA DAVA KOKANI THE SPECIAL LAND ACQUISITION OFFICER, NANDURBAR AND ORS 954 X-OBJECTION (STAMP) NO. 13836 OF 2008 IN FA/2648/2008 DWARKABAI BHILYA KOKANI THE SPECIAL LAND ACQUISITION OFFICER, NANDURBAR AND ORS 955 X-OBJECTION (STAMP) NO. 13838 OF 2008 IN FA/2640/2008 JANABAI RAMDAS PARATWAD

-4956 X-OBJECTION (STAMP) NO. 13840 OF 2008 IN FA/2647/2008 PUNAJI NOORJI KOKANI 957 X-OBJECTION (STAMP) NO. 13842 OF 2008 IN FA/2651/2008 JUBIBAI MAGAN 958 X-OBJECTION (STAMP) NO. 13920 OF 2008 IN FA/2638/2008 RAMDAS DEVIYA VASAVE THE SPECIAL LAND ACQUISITION OFFICER, NANDURBAR 959 X-OBJECTION (STAMP) NO. 13921 OF 2008 IN FA/2659/2008 PUNAJI NOORJI KOKANI AND ANR THE SPECIAL LAND ACQUISITION OFFICER, NANDURBAR AND ORS AGP for Appellant : Mr. A.M. Phule Advocate for Respondents-claimants : Mr. D.M. Pingle h/f Mr. C.R. Deshpande Advocate for acquiring body:Mr. S.S. Chillarge ...

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O R D E R

1.

Mr. Devendra Dinanath Joshi, Executive Engineer, Nandurbar Medium Project Division, Nandurbar, Mr. Bahadursingh Sonya Pawara, S.L.A.O. Nandurbar are present in person before the panel. Mr. A.M. Phule, learned A.G.P. for appellant - State and authorities, Mr. S.S.

-5Chillarge, learned counsel appearing for acquiring body and Mr. D.M. Pingle h/f Mr. C.R. Deshpande, learned counsel appearing for respondents-original claimants are also present. 2.

These matters are amicably settled between the parties and the compromise/chart prepared as per the terms of the compromise/settlement is placed before the Panel. Mr. Devendra Dinanath Joshi, Executive Engineer, Nandurbar Medium Project Division, Nandurbar and Mr. Bahadursingh Sonya Pawara, S.L.A.O. Nandurbar admit the terms and contents of the said compromise/chart. The compromise/ chart bears their signatures and signatures of Mr. A.M. Phule, learned A.G.P. for appellant - State and authorities, Mr. S.S. Chillarge, learned counsel appearing for acquiring body and Mr. D.M. Pingle h/f Mr. C.R. Deshpande, learned counsel appearing for respondents-original claimants Thus, the contents of compromise/chart stand verified. The said compromise/chart is taken on record and marked as 'X' for identification.

3.

In view of the above compromise arrived at between the parties, all cross appeals/objections are disposed of. Refund of court fees as per Rules. Statutory benefits be extended in accordance with law. 4.

Award/Decree be drawn up in terms of the chart/compromise placed on record as aforesaid.

5.

If the appellants/cross appellants died during pendency of the cross objections, their legal representatives be brought on record as per the

-6pending civil applications. Civil applications, if any, filed for other purposes, stand disposed of.

6.

In so far as the first appeal No. 2636 of 2008 is concerned, Mr. A.M. Phule, learned A.G.P. on instructions from Mr. Devendra Dinanath Joshi, Executive Engineer, Nandurbar Medium Project Division, Nandurbar and Mr. Bahadursingh Sonya Pawara, S.L.A.O. Nandurbar, who are present before the panel and in tune with the Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017 seeks leave to withdraw the said first appeal. In view of same, leave granted. First appeal is disposed of as withdrawn. Court fees be refunded as per Rules. Statutory benefits be extended in accordance with law.

(K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.07.2018 Place: Aurangabad nbs/