Bombay High CourtFA/2610/2008disposed off

State Of Maha v. Narsing Arjun Koli

2021-08-01Lok Adalat9 pages

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE R.N. LADDHA, HELD ON 1st AUGUST, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1 FIRST APPEAL NO.29 OF 2005 WITH FA/30/2005 WITH CA/3480/2004 IN FA/29/2005 WITH CA/3482/2004 IN FA/30/2005 JIJABAI BHAURAO KODALE Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for Respondents : Mr. A.B. Tele 5 FIRST APPEAL NO.990 OF 2008 WITH FA/991/2008 WITH FA/992/2008 RAM @ RAMRAO IRAPPA Advocate for Respondents : Mr. P.G. Gunale 7 FIRST APPEAL NO.1664 OF 2008 WITH FA/1663/2008 WITH FA/1665/2008 WITH FA/1666/2008 WITH FA/1667/2008 WITH FA/1668/2008 WITH FA/1670/2008 WITH FA/1671/2008 WITH FA/1672/2008 WITH FA/1673/2008 KASHIBAI MAHADEO WAGARE Mr. B.M. Thorat, Executive Engineer, P.W.D. Latur for Acquiring Body/State Advocate for Respondents : Mr. P.P. More 8 FIRST APPEAL NO.1855 OF 2008 WITH FA/1854/2008

RAM VENKAT JAGTAP DIED LRS and ORS Advocate for Respondents 1 to 7 : Mr. S.P. Urgunde 9 FIRST APPEAL NO.1897 OF 2008 STATE OF MAHARASHTRA THR COLLECTOR, LATUR BHIMRAO KONDIBA GANGTHADE Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for Respondents : Mr. S.S. Pawar 10 FIRST APPEAL NO.1968 OF 2008 IRANTAPPA BHUJANGRAO WADIKAR Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for Respondent 3 : Mr. N.P. Patil 12 FIRST APPEAL NO.2214 OF 2008 ANUSAYABAI BANDIAPPA BIRADAR AGP for Respondents : Mr. A. M. Phule/Mr. S.S. Dande. Advocate for Respondents : Mr. V. T. Sakolkar 13 FIRST APPEAL NO.2216 OF 2008 TREMBAK BIRAJDAR DIED LRS TANAJI TREMBAK BIRAJDAR

AGP for Respondents : Mr. A. M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. V. T. Sakolkar 15 FIRST APPEAL NO.2219 OF 2008 VITHAL MAROTI BHOSALE Advocate for Respondents : Mr. P.G. Rodge 16 FIRST APPEAL NO.2223 OF 2008 VISHWANATH BAJRANG BURANDE AGP for Appellant : Mr. A.M. Ghule/Mr. S.S. Dande Advocate for Respondents : Mr. V. T. Sakolkar 18 FIRST APPEAL NO.2433 OF 2008 CHANDRABHAN DHONDIBA MANE Advocate for respondent : Mr. P.M. Janapurkar 19 FIRST APPEAL NO.2487 OF 2008 WITH FA/2489/2008 WITH FA/2491/2008 WITH FA/2492/2008 WITH FA/2488/2008 WITH FA/2490/2008 WITH FA/2493/2008 THE STATE OF MAHARASHTRA and ORS GANGARAM VITHAL KAMBLE AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. Anurag Sakolkar h/f. Mr. Vijay Sakolkar, Mr. S.S. Halkude 21 FIRST APPEAL NO.2515 OF 2008

WITH FA/2526/2008 WITH FA/2525/2008 WITH FA/2517/2008 WITH FA/2519/2008 WITH FA/2520/2008 WITH FA/2521/2008 WITH FA/2522/2008 WITH FA/2523/2008 WITH FA/2524/2008 PRAKASH BABURAO BEMBDE and ORS AGP for Respondents : Mr. A. M. Phule/Mr. S.S. Dande Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for respective Respondents : Mr. H. V. Patil, Mr. R.K. Ashtekar 23 FIRST APPEAL NO.2610 OF 2008 WITH FA/2614/2008 NARSING ARJUN KOLI AGP for Appellant : Mr. A. M. Phule/Mr. S.S. Dande. Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for respondent No. 1 : Mr. S.S. Manale 24 FIRST APPEAL NO.

2734 OF 2008 WITH CA/9820/2005 IN FA/2736/2008 WITH FA/2735/2008 WITH CA/9816/2005 IN FA/2735/2008 WITH FA/2736/2008 STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR and ANR SHANKARRAO VENKOBA KALE Mr. B.M. Thorat, Executive Engineer, P.W.D. Latur for Acquiring Body/State Advocate for Respondents : Mr. V.D. Gunale & Mr. S.V. Warad 26 FIRST APPEAL NO.

HANMANT PRABHU MANE Advocate for Respondents : Mr. A.B. Kadethankar 28 FIRST APPEAL NO.197 OF 2009 WITH FA/198/2009 THE STATE OF MAHARASHTRA AND ORS BABURAO SITARAM KENDRE AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. B. R. Kedar 31 FIRST APPEAL NO.461 OF 2009 THE STATE OF MAHARASHTRA PANCHPHULABAI BAPURAO SONTAKKE AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. Anurag Sakolkar h/f. Mr. V.G. Sakolkar 32 FIRST APPEAL NO.479 OF 2009 WITH FA/482/2009 WITH FA/483/2009 WITH FA/480/2009 WITH FA/481/2009 STATE OF MAHARASHTRA THR COLLECTOR LATUR and ANR GANPATI SHANKARRAO BHANDE AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for respective Respondents : Mr. P.G. Gunale, Mr. H.V. Patil 36 FIRST APPEAL NO.1885 OF 2009 WITH FA/1887/2009 WITH FA/1888/2009 WITH FA/1890/2009 WITH FA/1886/2009 WITH FA/1893/2009 WITH FA/1892/2009 WITH FA/1891/2009 THE STATE OF MAHARASHTRA AND ANR

DNYANOBA BAPURAO YENGE AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. Anurag Sakolkar h/f. Mr. V.G. Sakolkar 37 FIRST APPEAL NO.1945 OF 2009 WITH FA/1952/2009 WITH FA/1946/2009 WITH FA/1947/2009 WITH FA/1948/2009 WITH FA/1949/2009 WITH FA/1950/2009 WITH FA/1951/2009 THE STATE OF MAHARASHTRA SUMANBAI HARIBHAU JADHAV AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for Respondents : Mr. S.S. Shinde 38 FIRST APPEAL NO.1969 OF 2009 THE STATE OF MAHARASHTRA AND ANR TRIVENABAI BABRUWAN SURYAWANSHI Mr. B.M. Thorat, Executive Engineer, P.W.D. Latur for Acquiring Body/State Advocate for Respondents : Mr. M.S. Patil 39 FIRST APPEAL NO.1970 OF 2009 THE STATE OF MAHARASHTRA AND ANR BALAJI NIVRUTI BARBOLE Advocate for Respondents : Mr. M.S. Patil 40 FIRST APPEAL NO.1991 OF 2009 WITH CA/11421/2008 IN FA/1992/2009 WITH CA/11423/2008 IN FA/1991/2009 WITH FA/1992/2009

VENKAT SHANKAR JAGTAP AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. G.K. Sontakke

ORDER

These appeals are placed before today's Lok Adalat with the consent of the parties.

Mr. A.M. Phule/Mr. S.S. Dande, learned A.G.Ps for State, Mr. P.G. Mulay, Deputy Collector, Ahmedpur, District Latur and Mr. B.M. Thorat, Executive Engineer, P.W.D. Latur are present on behalf of Acquiring Body/State. The claimants are represented by their respective Advocates.

The learned Advocates for the Acquiring Body/State and the claimants fairly conceded that the Government of Maharashtra, vide Government Resolution No.Sankirna-2014/ pra.kra.4/Bham-1/A-4, dated 3rd November, 2016 with Government Corrigendums dated 23rd February, 2017 and 13th August, 2018 to the said Government Resolution, took decision to settle the appeals by accepting the market rates determined by the Reference Court, which are within the parameters set out in the Government Resolution. The statement made by the both the learned advocates is in consonance with the recitals in the Government Resolution. In turn, these appeals are fit to dispose of before the Lok Adalat.

The learned Advocates for both the parties further submit

that as far as the interest U/s. 28 and 34 of the Land Acquisition Act, 1894 (for short "Act") awarded by the SLAO as well as Reference Court shall be as per verdict by the Full Bench in the case of State of Maharashtra vs. Kailash Shiva Rangari, 2016 (4) ALL MR 513 and the Hon'ble Single Judge in the case of State of Maharashtra vs. Ramesh Tukaram Meshram - 2018 (1) ALL MR

645. In turn, they submit that the impugned Award may be modified to that extent as far as interest is concerned. 5.

Having considered the legal position ruled in both the aforesaid judgments, the impugned Award/s stands modified. The interest shall be calculated, if required, as per these two judgments.

The Acquiring Body/State shall deposit the amount of compensation as per modified Award within six months from the date of this order. The learned advocates for both the parties further submit fairly that the amount shall not carry interest which would be deposited within period of six months. The statement is accepted. However, it is clarified, if the amount is deposited after six months, then it shall carry the interest in terms of Section 28 or 34 of the Act, as the case may be. 7.

The learned advocates for both the parties further made submission on the point of amount deposited. As far as the amount, if any, already deposited and withdrawn fully by the parties, then nothing survives in respect of said amount. 8.

The amount deposited in this Court and not withdrawn or which would be deposited in terms of this compromise, be

transmitted to the concerned Reference Court with further directions to disburse the said amount to the claimants in the terms of this Award and excess amount, if any, to the Acquiring Body.

The applicants are at liberty to make appropriate application for withdrawal before the reference Court. If the amount in terms of compromise above is not deposited within six months, the claimants are at liberty to file Execution Proceeding before the Reference Court.

10.

The bank guarantee / security / surety, if any, given by the claimants be released in favour of the claimants. 11.

The appeals stand disposed of. The Award be prepared in terms of this order.

12.

The Civil Applications, if any, except the application to bring on record legal heirs and the cross objections, stand disposed of.

13.

The Court Fee Certificate be issued as per the Rules. (K. C. Sant) ( V.B. Mantri ) ( R.N. LADDHA, J. ) Advocate District Judge Head of the Panel Member (Retd.) Member Date: 01.08.2021.

Place: Aurangabad.

ssc/