Bombay High CourtFA/3756/2018disposed offdismissed for default

The Ex. Engineer, Lift Irrigation Div. Osmanabad And ANR v. Rajendra Chandrabhan Gaikwad

2018-07-14Shri Justice J P Devadhar6 pages

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 14TH JULY, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 983 FIRST APPEAL NO. 92 OF 2017 THE EXECUTIVE ENGINEER, IRRIGATION DEPT. AND ANOTHER ANANDRAO HAIBATRAO DESHMUKH Advocate for Appellants : Ms. L.R. Thakur h/f Mr. Umakant K. Patil Advocate for Respondents : Mr. A.T. Ghute 984 FIRST APPEAL NO. 2983 OF 2017 THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION OSMANABAD AND ORS PANDURANG DAGADU MAGAR Advocate for Appellants : Ms. L.R. Thakur h/f Mr. Umakant K. Patil Advocate for Respondents : V.V. Tarde 985 FIRST APPEAL (STAMP) NO. 5706 OF 2014 THE EXECUTIVE ENGINEER AURANGABAD MAHADEO SAUDA CHAVAN AND ANOTHER Advocate for Appellant : Mr. G.N. Patil ...

986 FIRST APPEAL (STAMP) NO. 27703 OF 2015 THE EXECUTIVE ENGINEER, M.P.DIVISION OSMANABAD THR GMIDC AURANGABAD ARUN JIVANRAO AKHADE AND ANOTHER Advocate for Appellant : Mr. S.G. Bhalerao 987 FIRST APPEAL (STAMP) NO. 27706 OF 2015 THE EXECUTIVE ENGINEER, M.P.DIVISION OSMANABAD THR GMIDC AURANGABAD

-2SANJAY BHAUSAHEB AKHADE AND OTHERS Advocate for Appellant : Mr. S.G. Bhalerao 988 FIRST APPEAL (STAMP) NO. 27709 OF 2015 THE EXECUTIVE ENGINEER, M.P.DIVISION OSMANABAD THR GMIDC AURANGABAD GAJANAN SHARADRAO AKHADE AND ANOTHER Advocate for Appellant : Mr. S.G. Bhalerao 989 FIRST APPEAL (STAMP) NO. 9581 OF 2017 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND KIRAN GOUTTAM TAKMOGHE AND ANR Advocate for Appellants : Smt. Ranjana Reddy h/f Mr. S.V. Kurundkar 990 FIRST APPEAL (STAMP) NO. 9929 OF 2017 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND RAMESH EKNATH BARATE Advocate for Appellants : Smt. Ranjana Reddy h/f Mr. S.V. Kurundkar 991 FIRST APPEAL (STAMP) NO. 9955 OF 2017 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND GOROBA DAJIBA TAKMOGHE (DIED) THR LRS BALAJI B. TAKMOGHE Advocate for Appellants : Smt. Ranjana Reddy h/f Mr. S.V. Kurundkar 992 FIRST APPEAL (STAMP) NO. 9960 OF 2017 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND RAMESH BABURAO BARATE AND ORS

-3Advocate for Appellants : Smt. Ranjana Reddy h/f Mr. S.V. Kurundkar 993 FIRST APPEAL (STAMP) NO. 9964 OF 2017 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND KALLYAN LALASAHEB BARATE Advocate for Appellants : Smt. Ranjana Reddy h/f Mr. S.V. Kurundkar ....

994 FIRST APPEAL (STAMP) NO. 1514 OF 2018 THE EX. ENGINEER, LIFT IRRIGATION DIVISION, OSMANABADAND ANR BHIMABAI GANPATI DAMBARE (DIED) THR LRS VISHNU AND ORS Advocate for Appellants : Smt. Ranjana Reddy 995 FIRST APPEAL (STAMP) NO. 1669 OF 2018 THE EX. ENGINEER, LIFT IRRIGATION DIVISION, OSMANABADAND ANR GOVIND BHIVA DOKE (DIED) THR LRS CHANDRABHAGA AND ORS Advocate for Appellants : Smt. Ranjana Reddy 996 FIRST APPEAL (STAMP) NO. 9611 OF 2018 THE EXECUTIVE ENGINEER, LIFT IRRIGATION DIVISION OSMANABAD AND ANR MAHADEO RAJENDRA JADHAV Advocate for Appellants : Mr. P.G. Rodge 997 FIRST APPEAL (STAMP) NO. 9922 OF 2018 THE EX. ENGINEER, LIFT IRRIGATION DIV. OSMANABAD AND ANR KALPANA MAHADEO GAIKWAD Advocate for Appellants : Mr. P.G. Rodge ....

998 FIRST APPEAL (STAMP) NO. 9925 OF 2018

-4THE EX. ENGINEER, LIFT IRRIGATION DIV. OSMANABAD AND ANR SHIVAJI JANARDHAN GAIKWAD Advocate for Appellants : Mr. P.G. Rodge 999 FIRST APPEAL (STAMP) NO. 9928 OF 2018 THE EX. ENGINEER, LIFT IRRIGATION DIV. OSMANABAD AND ANR RAJENDRA CHANDRABHAN GAIKWAD Advocate for Appellants : Mr. P.G. Rodge 1000 FIRST APPEAL (STAMP) NO. 10340 OF 2018 THE EX. ENGINEER, LIFT IRRGATION DIV. OSMANABAD THR H.C. SHAIKH AND ANR PANDURANG BHARAT PIMPRE Advocate for Appellants : Mr. Shyam C. Arora ...

WITH FIRST APPEAL (ST.) NO. 1508 OF 2018 WITH C.A. NO. 1810 OF 2018 THE EX. ENGINEER, LIFT. IRRIGATION DIVISION, OSMANABAD AND NIVRUTTI MARUTI DIGAMBAR (DIED) THR LRS KONTABAI Advocate for Appellants : Smt. Ranjana Reddy AGP for Respondents: Mr. B.V. Virdhe (19)

O R D E R

Mr. Umesh Wankhede, Executive Engineer, Lift irrigation Division, Osmanabad, is present before the panel. Mr. G. N. Patil, Mr. P.G. Rodge, Smt. Ranjana Reddy, Mr. S.G. Bhalerao, Ms. L.R. Thakur h/f Mr. Umakant Patil, Mr. Shyam C. Arora and Smt. Ranjana

-5Reddy h/f Mr. S.V. Kurundkar, learned counsel appearing for the appellant-acquiring body, learned counsel for respondents-original claimants in respective matters and Mr. B.V. Virdhe, learned A.G.P. for the respondent-State authorities are also present. 2.

Mr. G. N. Patil, Mr. P.G. Rodge, Smt. Ranjana Reddy, Mr. S.G. Bhalerao, Ms. L.R. Thakur h/f Mr. Umakant Patil, Mr. Shyam C. Arora and Smt. Ranjana Reddy h/f Mr. S.V. Kurundkar, learned counsel appearing for the appellant-acquiring body, on instructions from the aforesaid officer, who is present before the panel, submit that the rate awarded by the impugned judgment and award passed by the reference court is less than four times of the rate awarded by the S.L.A.O. In view of above, Mr. G. N. Patil, Mr. P.G. Rodge, Smt. Ranjana Reddy, Mr. S.G. Bhalerao, Ms. L.R. Thakur h/f Mr. Umakant Patil, Mr. Shyam C. Arora and Smt. Ranjana Reddy h/f Mr. S.V. Kurundkar, learned counsel appearing for appellant-acquiring body, on instructions from the officer, who is present before the panel and in tune with the Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017 seek leave to withdraw these first appeals.

In terms of the award passed by the reference court, the acquiring body in all matters (except in F.A. st. Nos. 9611 of 2018,

-69922 of 2018, 9925 of 2018 and 9928 of 2018) has deposited the compensation as awarded at the enhanced rate by the reference court. The acquiring body has also taken decision to settle the dispute finally, which squarely falls in the category of Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017.

In view of above, leave granted. All first appeals are disposed of as withdrawn. Court fees be refunded as per Rules. Pending civil applications are also disposed of.

Learned counsel for the appellant-acquiring body, on instructions, submit that the amount, if any, at the enhanced rate as awarded by the reference court will be deposited within six months from today. The amount if paid in excess be refunded to the acquiring body.

(K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.07.2018 Place: Aurangabad rlj/