The State Of Maharashtra And Another v. Bhagwan Tulshiba Kharat And Another

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE NEERAJ P. DHOTE, HELD ON 22.03.2025 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 284 FIRST APPEAL NO. 2928 OF 2023 WITH CIVIL APPLICATION NO. 7012 OF 2013 IN FA/2928/2023 The State Of Maharashtra And Others

VERSUS

Balu Gopala Mohite And Another AND 285 FIRST APPEAL NO. 2929 OF 2023 WITH CIVIL APPLICATION NO. 7010 OF 2013 IN FA/2929/2023 The State Of Maharashtra And Another

VERSUS

Sheshrao Rama Pawar, L.rs. Sugadeo And Others ...

AND 286 FIRST APPEAL NO. 2930 OF 2023 WITH CIVIL APPLICATION NO. 7022 OF 2013 IN FA/2930/2023 The State Of Maharashtra And Others

VERSUS

Shikandar Tejrao Pawar And Others ...

AGP for Respondents: Mr.

AND 287 FIRST APPEAL NO. 2931 OF 2023 WITH

-2CIVIL APPLICATION NO. 7020 OF 2013 IN FA/2931/2023 The State Of Maharashtra And Another

VERSUS

Namdeo Yamaji Pawar And Others ...

Advocate for Appellant : Mr. Govt. Pleader ...

AND 288 FIRST APPEAL NO. 2932 OF 2023 WITH CIVIL APPLICATION NO. 7015 OF 2013 IN FA/2932/2023 The State Of Maharashtra And Another

VERSUS

Rambhau Sonaji Khetare, L.r. Prakash And Another ...

AND 289 FIRST APPEAL NO. 2936 OF 2023 WITH CIVIL APPLICATION NO. 6999 OF 2013 IN FA/2936/2023 The State Of Maharashtra And Another

VERSUS

Bhagwan Tulshiba Kharat And Another ...

Advocate for Appellants : Mr. S.S. Dande, Radhakrishna Ingole Patil ....

ORDER

1.

These Appeals are placed before today's National Lok Adalat with the consent of the parties.

2.

Mr. N. D. Ghorpade, Nayab Tahsildar/ Sub Divisional Officer, Bhokardan, District Jalna is personally present before us along with

-3learned Advocate Mr. S. V. Dande, Mr. Radhakrishna Ingole Patil respectively appear on behalf of State. The Sub Divisional Officer placed on record the copy of the communication dated 21.03.2025 issued by Shri. Santosh Bankar, Regional Sub Divisional Officer, Bhokar. The same is taken on record and marked as Exhibit-1. 3.

These are the appeals filed by the State of Maharashtra, against the Judgment and Order of the Award passed by the learned Reference Court.

4.

They submit that the amount of compensation enhanced by the learned Reference Court is within four times of the compensation awarded by the Special Land Acquisition Officer. They submit that, there is policy decision of the State Government vide Government Resolution No. Sankirna-2014/pra.kra.41/Bhag-1/A4 dated 3rd November, 2016 along with subsequent corrigendum dated 23rd February 2017 and 13th August 2018 to the said Government Resolution, that if the enhanced compensation by the Reference Court is within four times, then against the Award passed by the learned Special Land Acquisition Officer, the appeal shall not be preferred. So there is no dispute of this aspect. In view of the said policy of the State Government, the State Government desires to withdraw these appeals. In view of the above, permission is granted to withdraw these appeals.

-45.

The learned Advocates for both the parties further submit that as far as the interest under Section 28 and 34 of the Land Acquisition At, 1894 ( for short"Act") awarded by the SLAO as well as Reference Court shall be as per verdict by the Full Bench in the case of State of Maharashtra Vs. Kailash Shiva Rangari, 2016 (4) ALL MR 513 and the Hon'ble Single Judge in the case of State of Maharashtra Vs. Ramesh Tukaram Meshram-2018(1) ALL MR 645. In turn, they submit that the impugned Award may be modified to that extent as far as interest is concerned.

6.

Having considered the legal position ruled in both the aforesaid judgments, the impugned Award/s stands modified. The interest shall be calculated, if required as per these two judgments. 7.

The amount deposited by the State in this Court, shall be disbursed to the claimants. If State has not deposited the amount, the same shall be deposited within a period of six months from the date of order.

8.

In view of the above, these appeals stand disposed of as withdrawn. No order as to costs.

9.

The Award be prepared in terms of this order. 10.

The Civil Applications, if any, stand disposed of.

-511.

The Court Fee Certificate be issued as per the Rules. (A.R. BORULKAR) (S. G. SHETE) (NEERAJ P. DHOTE) Advocate District Judge (Retd.) Judge Member Member Head of the Panel Date: 22.03.2025 Place: Aurangabad ysk/