Godawari Marathwada Irrigation Devp. Corp.Latur v. Gunaji Ghansham Kamble And ANR

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI HELD ON 14th DECEMBER, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AT AURANGABAD (47 to 47.17 except 47.2, 3, 7,8 & 12) CIVIL APPLICATION NO.5721 OF 2012 IN FIRST APPEAL ST.NO.8947 OF 2012 G.M.I.D.C.

VERSUS

Harischandra Vitthal Lahane & anr CIVIL APPLICATION NO.5697 OF 2012 IN FIRST APPEAL ST.NO.9248 OF 2012 WITH CIVIL APPLICATION NO.5703 OF 2012 IN FIRST APPEAL ST.NO.9234 OF 2012 WITH CIVIL APPLICATION NO.5705 OF 2012 IN FIRST APPEAL ST.NO.9237 OF 2012 WITH CIVIL APPLICATION NO.5707 OF 2012 IN FIRST APPEAL ST.NO.9245 OF 2012 WITH CIVIL APPLICATION NO.5713 OF 2012 IN FIRST APPEAL ST.NO.9221 OF 2012 WITH CIVIL APPLICATION NO.5715 OF 2012 IN FIRST APPEAL ST.NO.9224 OF 2012 WITH CIVIL APPLICATION NO.5717 OF 2012 IN FIRST APPEAL ST.NO.9228 OF 2012 WITH

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CIVIL APPLICATION NO.5723 OF 2012 IN FIRST APPEAL ST.NO.9261 OF 2012 WITH CIVIL APPLICATION NO.5725 OF 2012 IN FIRST APPEAL ST.NO.9257 OF 2012 WITH CIVIL APPLICATION NO.5727 OF 2012 IN FIRST APPEAL ST.NO.9264 OF 2012 WITH CIVIL APPLICATION NO.5729 OF 2012 IN FIRST APPEAL ST.NO.9267 OF 2012 WITH CIVIL APPLICATION NO.5731 OF 2012 IN FIRST APPEAL ST.NO.9241 OF 2012 Mr V.U. Pawar, Advocate h/f Mr. S.S. Tope, Advocate for applicant;

Mr S.V. Gundre, Advocate for respondents/claimants; Mr S.S. Dande, A.G.P. for respondent/State

O R D E R

Learned Advocate Mr. V.U. Pawar holding for Mr. S.S. Tope, learned Advocate for appellant/acquiring body is present. Mr. G.K. Joshi, Executive Engineer, Latur Minor Irrigation Department, Latur is present. Learned Advocate Mr. Gundre for respondents/claimants is present. Mr. S.S. Dande, learned A.G.P. for respondent No.2 is present.

2.

All the parties agree that the compensation awarded

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in all the matters involved in these applications is within four times of compensation granted by the Special Land Acquisition Officer and therefore, it is covered by Government Resolution dated 03/11/2016 along with subsequent corrigendum dated 23/02/2017 and 13/08/2018 and therefore, acquiring body wants to withdraw the applications.

3.

Further, all of them agree that in view of decision in the State of Maharashtra vs Kailash Shiva Rangari [2016(4) ALL MR 513 interest under Section 28 and/or under Section 34 of the Land Acquisition Act should be from the date of award and not from the date of possession/notification under Section 4 of the Land Acquisition Act and therefore, except the said part, interest from award which requires modification. Accordingly, parties agree for the said award and in view of the said compromise, all civil applications stand withdrawn. 4.

In view of the compromise, refund of Court fees as per rules.

5.

Acquiring body agrees to deposit the amount as per modified award within a period of six months from today in this Court.

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6.

Pending civil applications, if any, are also disposed of accordingly.

(K. C. SANT) (A.T.A.K. SHAIKH) (SMT. VIBHA KANKANWADI, J.) Advocate District Judge Head of the Panel Member (Retd.) Member Date: 14.12.2019 Place: Aurangabad Tupe