The Executive Engineer, Minor Division, Jalna v. Udhav Dhondiram Misal And Others

2024:BHC-AUG:18812 ( 1 )

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 27.07.2024, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 975 FIRST APPEAL NO. 1472 OF 2014 THE EXECUTIVE ENGINEER, MINOR DIVISION, JALNA

VERSUS

UDHAV DHONDIRAM MISAL AND OTHERS ...

Mr. B. R. Surwase, Advocate h/f Mr. V. R. Sonwalkar for the appellant Mr. A. M. Phule, AGP for the respondents/State Mrs. A. D. Rakh, Advocate for the claimants Mr. Rohit P. Deshmuih, Executive Engineer Jalna Minor Irrigation Division, Jalna

O R D E R

(27th JULY, 2024) 1.

This appeal is placed before this Lok Adalat by the appellant.

2.

Learned advocate for the appellant submitted that this appeal is squarely covered by the Government Resolution No.Sankirna2014/Pra.Kra4/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 In turn, this appeal can be withdrawn as pe the policy decision taken by the Government of

( 2 ) Maharashtra. Accordingly, the appellants are withdrawing this appeal. 3.

The learned advocate for the appellants submits that the acquiring body has deposited 50% amount of compensation before this court and remaining 50% amount will be deposited within a period of six months in the concerned court from the date of order of this court. He further submits that in these circumstances, nothing survives in this appeal.

4.

The claimants are entitled to receive the amount with accrued interest.

5.

However, before disposing off the appeal, it is further clarified that in case, any amount is lying with this court, then the same shall be transmitted to the reference court. The reference court shall disburse the said amount to the claimants without requiring any formal application for withdrawal.

6.

The appeal stand disposed off as withdrawn. No order as to costs.

7.

In view of disposal of the appeal, pending civil applications, stand disposed off.

8.

Award be drawn up accordingly.

( 3 ) 9.

The court fee refund certificate be issued as pe 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 VishalK/975fa1472.14