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Bombay High CourtCA/4860/2016

Exe. Engineer, Osmanabad Medium Project,Osmanabad Now K.M.C.D. No.1,Osmanabad Under Gmidc And ORS v. Goroba Narayan Samudre And ANR

2018-04-22Shri Justice J P Devadhar4 pages

-1- C.A. No. 4842 of 2016 (Group)

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE P.R.BORA, HELD ON 22nd APRIL, 2018.

AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD EXHIBIT -E (Sr. No. 1 of Page No. 56) (Sr. No. 3 of Page No. 59) CIVIL APPLICATION NO. 4842/2016 IN FIRST APPEAL NO.1355/2018 WITH CIVIL APPLICATION NO. 4844/2016 IN FIRST APPEAL NO. 1358/2018 WITH CIVIL APPLICATION NO. 4846/2016 IN FIRST APPEAL NO. 1362/2018 WITH CIVIL APPLICATION NO. 4848/2016 IN FIRST APPEAL NO. 1364/2018 WITH CIVIL APPLICATION NO. 4850/2016 IN FIRST APPEAL NO.1365/2018 WITH CIVIL APPLICATION NO.4852/2016 IN FIRST APPEAL NO.1369/2018 WITH CIVIL APPLICATION NO.4854/2016 IN FIRST APPEAL NO.1366/2018 WITH CIVIL APPLICATION NO.4856/2016 IN FIRST APPEAL NO.1367/2018 WITH CIVIL APPLICATION NO.4858/2016 IN FIRST APPEAL NO.1368/2018 WITH CIVIL APPLICATION NO.4860/2016 IN FIRST APPEAL NO.1357/2018 WITH CIVIL APPLICATION NO.4862/2016 IN FIRST APPEAL NO.

1356/2018 WITH CIVIL APPLICATION NO.4866/2016 IN FIRST APPEAL NO.1359/2018 WITH CIVIL APPLICATION NO.4868/2016 IN FIRST APPEAL NO.1361/2018 WITH CIVIL APPLICATION NO.4870/2016 IN FIRST APPEAL NO.1363/2018 WITH CIVIL APPLICATION NO.4872/2016 IN FIRST APPEAL (ST) NO.7418/2016 WITH CIVIL APPLICATION NO.4874/2016 IN FIRST APPEAL (ST) NO.7436/2016 WITH CIVIL APPLICATION NO.4876/2016 IN FIRST APPEAL (ST) NO.7370/2016 WITH CIVIL APPLICATION NO.4878/2016 IN FIRST APPEAL NO.

-2- C.A. No. 4842 of 2016 (Group) WITH CIVIL APPLICATION NO.4880/2016 IN FIRST APPEAL (ST) NO.7401/2016 WITH CIVIL APPLICATION NO. 4882/2016 IN FIRST APPEAL NO.1405/2018 WITH CIVIL APPLICATION NO. 4884/2016 IN FIRST APPEAL NO. 1407/2018 WITH CIVIL APPLICATION NO. 4886/2016 IN FIRST APPEAL NO.1406/2018 WITH CIVIL APPLICATION NO. 4888/2016 IN FIRST APPEAL (ST.) NO. NO.7321/2016 WITH CIVIL APPLICATION NO. 4890/2016 IN FIRST APPEAL (ST.) NO. 7324/2016 WITH CIVIL APPLICATION NO. 4892/2016 IN FIRST APPEAL (ST.) NO. 7337/2016 WITH CIVIL APPLICATION NO. 4894/2016 IN FIRST APPEAL (ST.) NO. 7365/2016 WITH CIVIL APPLICATIION NO. 4896/2016 IN FIRST APPEAL (ST.) NO.7294/2016 WITH CIVIL APPLICATIION NO. 4898/2016 IN FIRST APPEAL NO. 7297/2016 Officer :- Shri Manoj Raghunath Awalgaonkar, Executive Engineer, Canal Division No. 10, Parbhani.

Advocate for Appellants :- Advocate Shri S.A.Wakure & Advocate Shri. B.R. Surwase.

A.G.Ps.

:- Shri A.M. Phule, Shri B.V. Virdhe and Shri S.S.Dande.

O R D E R

1) The present appeals are filed by Executive Engineer, Krishna Marathwada Construction Division No. 1, Osmanabad, challenging the Awards passed by the Reference Court under Section 18 of the Land Acquisition Act.

-3- C.A. No. 4842 of 2016 (Group) 2) Shri Manoj Raghunath Awalgaonkar, Executive Engineer is present before the Panel. Advocate Shri B.R.Surwase is representing the Acquiring Body and Assistant Government Pleaders Shri A.M. Phule, Shri B.V. Virdhe and Shri S.S.Dande are representing the State. Advocate Shri S.A.Wakure is representing the respondents i.e. original claimants. 3) It is submitted that the acquiring body has deposited the entire amount of compensation along with interest accrued thereon till date. It is further contended that in view of the policy adopted by the Government vide Government Resolution dated 03/11/2016 read with corrigendum dated 23/02/2017, the Acquiring Body has now decided not to prosecute these appeals further.

4) Learned counsel for the Claimants, on instructions, submits that the claimants are ready to give up the interest of the period of six months on the amount of compensation as enhanced/awarded by the Reference Court and are ready to accept the remaining amount by way of full and final settlement.

5) In view of the submission so made, the present appeals stand settled. Hence, following order :

ORDER

1) The awards impugned in the present appeals stand confirmed.

2) From the deposited amount, an amount of interest for the period of six months, be refunded to the acquiring body and the balance amount be paid to the claimants. 3) Acquiring Body is entitled for refund of the Court fee in accordance with the law.

-4- C.A. No. 4842 of 2016 (Group) 4) Civil Applications, if any, stand disposed of. ( K. C. SANT) (P. S. PARANJAPE) ( P. R. Bora, J.) Advocate, D.J.(Retd.) Head of the Panel Member Member ....

Date: 22.04.2018 Place: Aurangabad.

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