The State Of Mah And ORS v. Gansingh Popat Patil L.Rs. Virsingh Gansingh Patil And ORS

1 PB Sr. Nos. 7, 16.1 & MB Sr. Nos. 36, 37, 39, 39-A, 39-B and 39-C

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, HELD ON 8TH FEBRUARY, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD P.B. Sr. Nos. 7, 16.1 & PB Sr. Nos. 36, 37, 38, 39, 39-A, 39-B and 39-C FIRST APPEAL NO.3785 OF 2019 BHIMSING PARASHRAM PATIL THE SPECIAL LAND ACQUISITION OFFICER, UTPH, JALGAON AND ANR WITH FIRST APPEAL NO. 3828 OF 2019 (16.1) NAMDEV BHAGWAN BHOI THE SPECIAL LAND ACQUISITION OFFICER, UTPH, JALGAON AND ANR CROSS OBJECTION ST.NO. 11192 OF 2008 (MB SR.NO. 36) JANAKSING GHANSING PATIL STATE OF MAHARASHTRA AND OTHERS

2 PB Sr. Nos. 7, 16.1 & MB Sr. Nos. 36, 37, 39, 39-A, 39-B and 39-C CROSS OBJECTION ST.NO. 11198 OF 2008 (MB SR.NO. 37) GANSING POPAT PATIL STATE OF MAHARASHTRA AND OTHERS CROSS OBJECTION ST.NO. 11200 OF 2008 (MB SR.NO. 38) VIRSING GANSINGH PATIL STATE OF MAHARASHTRA AND OTHRS CROSS OBJECTION ST. NO. 11204 OF 2008 (MB SR.NO. 39) GANSING POPOAT PATIL STATE OF MAHARASHTRA AND OTHERS CROSS OBJECTION ST. NO.11206 OF 2008 (39-A) (Not on Board, taken on Board) UPENDRASING GANSING PATIL STATE OF MAHARASHTRA AND ANOTHER

3 PB Sr. Nos. 7, 16.1 & MB Sr. Nos. 36, 37, 39, 39-A, 39-B and 39-C CROSS OBJECTION ST. NO. 11202 OF 2008 (39-B) (Not on Board, taken on Board) GANASING POPAT PATIL STATE OF MAHARASHTRA AND ANOTHER CROSS OBJECTION ST. NO. 11208 OF 2008 (39-C) (Not on Board, taken on Board) TARABAI GANSING PATIL STATE OF MAHARASHTRA AND ANOTHER

O R D E R

1.

Mr A.B. Kale, Advocate for Appellants/Claimants, Mr A.M. Phule, AGP for Respondent-State, Mrs Chaitali Chaudhari-Kutti, Advocate for Acquiring Body, Mr. P. J. Lokakshi, Sub Divisional Officer, Jalgaon Division, Jalgaon authorized by the Exececutive Engineer, Waghur Project, Mr K.A. Sawant Patil, Special Land Officer are present.

2.

In terms of compromise arrived at between the parties submitted a compromise chart with regard to the present appeals/

4 PB Sr. Nos. 7, 16.1 & MB Sr. Nos. 36, 37, 39, 39-A, 39-B and 39-C matters. This compromise chart /statement is signed by respective parties and their Counsel and same is taken on record and marked as 'X' for identifcation.

3.

Mr A. B. Kale, learned Counsel for the appellants/claimants submitted that he would fle authorization letters of all the concerned appellants/claimants within a period of two weeks from today.

4.

Mrs Chaitali Chaudhari-Kutti, learned Counsel appearing for Respondent No. 2/Acquiring Body submitted that the respondent would deposit an amount of compensation within a period of one year from the date of this order to which the learned Counsel appearing for appellants/claimants has no objection. 5.

It is further agreed between the parties that claimants/appellants would be entitled to claim interest U/s. 34 of the Land Acquisition Act in view of Full Bench decision of this Court in case of State of Maharashtra Vs Kailash Shiva Rangari reported in [2016 (4) ALL MR 513 (F.B.)] and to that exectent, award stands modifed.

5 PB Sr. Nos. 7, 16.1 & MB Sr. Nos. 36, 37, 39, 39-A, 39-B and 39-C 6.

The respondent shall pay the amount of compensation as stated above, in view of the modifed award/decree. 7.

Accordingly, the appeals are disposed of in terms of compromise chart/statement/ which is marked as 'X' for identifcation.

8.

The Cross objections also shall stand disposed of. 9.

The amount shall be deposited with Reference Court within within a period of one year from the date of order. The claimants are at liberty to withdraw the said amount.

10.

Civil Application/s if any pending also stand/s disposed of. 11.

The Court fee refund certifcate be issued as per the rules in favour of the appellants/claimants.

(K. C. Sant) (V.B. Mantri) (Shrikant D. Kulkarni J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 08.02.2020 mta