The Ex. Engineer, Sina Kolegaon Project, Paranda And ORS v. Shivaji Rajaram Kasab (Suryawanshi)

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE R.G. AVACHAT, HELD ON 14th SEPTEMBER, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AT AURANGABAD CIVIL APPLICATION NO.5803 OF 2017 IN FAST/8076/2017 WITH CA/5805/2017 IN FAST/8239/2017 WITH CA/5807/2017 IN FAST/8233/2017 WITH CA/5809/2017 IN FAST/8236/2017 WITH CA/5811/2017 IN FAST/8227/2017 WITH CA/5813/2017 IN FAST/8230/2017 WITH CA/5815/2017 IN FAST/8222/2017 .....

The Executive Engineer, Sina Kolegaon Project, Paranda & ors.

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APPELLANTS

VERSUS

Chatrubhuj Sopan Gunjal ...

RESPONDENT .....

Shri V.S. Badakh, Advocate for applicants Shri B.V. Virdhe, A.G.P. for State Respondents are served.

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O R D E R

1.

These are the appeals filed by Executive Engineer, Sina Kolegaon Project, Paranda, District Osmanabad. 2.

Mr. Somshekhar Harsure, Executive Engineer, Osmanabad Middle Project Division, Osmanabad, is present for the acquiring body. Mr.Harsure made a statement that in view

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of the policy decision taken by the State Government vide Government Resolution No. सककर-२०१४/pra.kra.४१/भभम-१/अ-४ दद.

३ननवहबर, २०१६with Government Corrigendum dated 23rd February, 2017 to the said Government Resolution, the Corporation has decided to settle the present appeal by accepting the market rates as are determined by the Reference Court since the same are within the outer limits, as prescribed in the aforesaid Government Resolution. He states that the appeal may be allowed to withdraw.

3.

In this matter, the Reference Court has awarded interest under Section 34 or 28 of the Land Acquisition Act, 1894 on the amount of compensation in some cases from the date of possession and, in some cases from the date of issuance of the Notification under Section 4 of the Act. The learned Counsel submitted that in view of the Full Bench Judgment of this Court in the case of the State of Maharashtra Vs. Kailash Shiva Rangari, 2016(4) BCR 1 and State of Maharashtra Vs. Ramesh Tukaram Meshram, 2018(1) All M.R. 645, such an interest under Section 34 or 28 of the Land Acquisition Act, 1894, granted, if any, can only be awarded from the date of award under Section 11 of the Act. The learned Counsel submitted that to the said extent the impugned awards need to be modified.

4.

In view of the above, these First Appeals are disposed of as withdrawn. Civil Application, if any, stands

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disposed of.

5.

If the amount is not deposited, the amount to be deposited within a period of six months from the date of order. The claimants would be at liberty to withdraw the same. 6.

In view of the above, these First Appeals are disposed of as withdrawn. Civil Applications, if any, stand disposed of.

(K.B. Choudhary) (B.G. Dasgaonkar) ( R.G. Avachat, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.09.2019 Place: Aurangabad fmp/