The Executive Engineer Lower Terna Project Division No 2 Latur v. Suresh Kashiba Mane

2024:BHC-AUG:30197 ( 1 )

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 30th NOVEMBER 2024, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 4107 OF 2023 Bharat Vithal Kasle FIRST APPEAL NO. 4113 OF 2023 Janardhan Vithal Kasle CIVIL APPLICATION NO. 5066 OF 2023 IN FA/4113/2023 FIRST APPEAL NO. 4114 OF 2023 Bhausaheb Chanderrao Landge And Anr CIVIL APPLICATION NO. 5068 OF 2023 IN FA/4114/2023 FIRST APPEAL NO. 4115 OF 2023 Ankush Vishwanath Jadhav CIVIL APPLICATION NO. 5070 OF 2023 IN FA/4115/2023

( 2 ) CIVIL APPLICATION NO. 5052 OF 2023 IN FA/4107/2023 FIRST APPEAL NO. 4109 OF 2023 Sambhaji Bhagwan Pawar Died Through Lrs Minakshi Sambhaji Pawar CIVIL APPLICATION NO. 5054 OF 2023 IN FA/4109/2023 FIRST APPEAL NO. 4110 OF 2023 Mayur Madan Shevale CIVIL APPLICATION NO. 5056 OF 2023 IN FA/4110/2023 Mayur Madan Shevale FIRST APPEAL NO. 4108 OF 2023 Hariba Gunda Gadade Died Through Lrs Prayagbai Hariba Gadade CIVIL APPLICATION NO. 5058 OF 2023 IN FA/4108/2023 FIRST APPEAL NO. 4116 OF 2023

( 3 ) Dnyanoba Vithal Kasle CIVIL APPLICATION NO. 5060 OF 2023 IN FA/4116/2023 Dnyanoba Vithal Kasle FIRST APPEAL NO. 4111 OF 2023 Hirabai Nanasaheb Deshmukh CIVIL APPLICATION NO. 5062 OF 2023 IN FA/4111/2023 FIRST APPEAL NO. 4112 OF 2023 Suresh Kashiba Mane CIVIL APPLICATION NO. 5064 OF 2023 IN FA/4112/2023 ...

Mr. B. R. Survase, i/by Mr. R. K. Ingole for Appellant-Acquiring Body. Smt.Shivnanda G. Swami, Asst. Engineer, Grade-I, AE-1), Lower Terna Canal Sub-Division No.8, Latur.

O R D E R

(30th NOVEMBER 2024) 1.

These Appeals are placed before us in today's Lok Adalat.

( 4 ) 2.

Mr. B. R. Survase Advocate for Appellant-Acquiring Body and Smt.Shivnanda G. Swami, Asst. Engineer, Grade-I, (AE-1), Lower Terna Canal Sub-Division No.8, Latur, are present in the Court. 3.

The learned Advocate for the appellants-Acquiring Body submitted that above numbered group of first appeals is squarely covered by the Government Resolution No.

Sankirna-2014/pra.kra.4/Bham-1/A-4 dated 3rd November, 2016 with Government Corrigendum dated 23rd February, 2017 and 13th August 2018 to the said Government Resolution. In turn, these appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the appellant/Acquiring Body are withdrawing these appeals. Advocate Mr. Survase filed a e-mail copy of communication letter dated 28th November 2024 which is marked "X" for identification.

4.

The learned Advocate for the appellant/Acquiring Body submits that the entire amount of the compensation is deposited. The claimants are entitled to receive the amount along with accrued interest thereon, if the amount is not withdrawn by the claimants. 5.

However, before disposing of the appeals it is further clarified that

( 5 ) in case, if any, amount is lying with this Court, then same shall be transmitted to the concerned reference Court. The Reference Court shall disburse the said amount to the claimants without requiring any formal application for withdrawal.

6.

The learned Advocates for the Appellant/Acquiring Body further submits that in these circumstances, nothing survive in these appeals, appeals stand disposed of as withdrawn. No order as to costs. 7.

Award be drawn up accordingly.

8.

In view of disposal of the appeals, pending civil applications, if any, stand disposed off.

9.

The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act.

[A. B. KADETHANKAR] Advocate Member [S. G. SHETE] DJ (Retd.) Member [KISHORE C. SANT, J.] Head of Panel Ethape/154