Aba Sitaram Pawde (Died) Lrs Gangabai Abasaheb Pawde And ORS v. The State Of Mah And ORS

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE NEERAJ P. DHOTE, HELD ON 13.09.2025 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD ...

FIRST APPEAL NO. 2136 OF 2025 Aba S/o. Sitaram Pawde (Died), through LR's Gangabai W/o. Abasaheb Pawde (Died), through LR's.

1.

Pandharinath S/o. Abasaheb Pawde, (Died), Through LR's.

1-A. Yamunabai W/o Pandharinath Pawde Age : 65 years, Occu. Household, R/o. Hadgaon (Pawde), Tal. Sailu, Dist. Parbhani. 1-B. Narayan S/o Pandharinath Pawde, Age : 42 years, Occu. Agriculture, R/o. Hadgaon (Pawde), Tal. Sailu, Dist. Parbhani. 1-C. Rameshwar S/o Pandharinath Pawde, Age : 39 years, Occu. Agriculture, R/o. Hadgaon (Pawde), Tal. Sailu, Dist. Parbhani. 2.

Gangadhar S/o. Abasaheb Pawde, Age : 67 years, Occu. Agriculture, R/o. Hadgaon (Pawde), Tal. Sailu, Dist. Parbhani. 3.

Manohar S/o Abasaheb Pawde, Age : 62 years, Occu. Agriculture, R/o. Hadgaon (Pawde), Tal. Sailu, Dist. Parbhani. 4.

Bhagabai D/o Abasaheb Pawde @ After marrriage Annapurna W/o. Ramesh Thombal, Age : 55 years, Occu. Household, R/o. Chikalthana, Tal. Sailu, Dist. Parbhani.

Appellants [Original Claimants]

Versus

-21] The State of Maharashtra, Through The Collector, Parbhani, Dist. Parbhani.

2] The Special Land Acquisition Officer, U.P.P. II, Parbhani, Dist. Parbhani.

3] The Executive Engineer, Lower Dudhana Project, Sailu, District Parbhani.

Now the Executive Engineer, Jalna Irrigation Division, Jalna.

... Respondents [Original Respondents] ....

Mr. D. M. Kakade - Advocate for the Appellant Mr. A. M. Phule - AGP for State Mr. Shyam C. Arora - Advocate for Acquiring Body Mr. Deepakkumar Dongre - Executive Engineer, Jalna Irrigation Department, Jalna.

.....

ORDER : - 1.

This Appeal is placed before today's National Lok Adalat with the consent of the parties.

2.

The Appellant No. 1 is personally present, whereas; Appellant No. 2 appeared through Video Conference. Learned Advocate Mr. S. M. Kakde for the Appellants, Mr. A. M. Phule, learned AGP for the State, Mr. Shyam C. Arora, learned Advocate holding for Mr. Rahul A. Tambe, learned Advocate for Respondent No. 3 and Mr. Deepakkumar Dongre, Executive Engineer, Jalna Irrigation Department, Jalna, are present.

-33.

The parties have amicably settled the matter in terms of Compromise Pursis, which is taken on record and marked as "X" for the purpose of identification.

4.

The learned Advocates appearing on behalf of both the parties/sides submit that, as far as interest under Sections 28 and 34 of the Land Acquisition Act awarded by the Special Land Acquisition Officer [for short 'SLAO'] as well as Reference Court, shall be as per the decision of the Full Bench of this Court in State of Maharashtra Versus Kailash Shiva Rangari, 2016(4) ALL MR 513, and the decision of the Single Bench of this Court in The State of Maharashtra V/s Ramesh Tukaram Meshram, 2018 (1) ALL MR

645. They have submitted that the impugned Award be modified to that extent as far as interest is concerned.

5.

Considering the legal position in both the Judgments [supra], the impugned Award stands modified as follows. [i] Interest shall be calculated, if required, as per two Judgments in Kailash Rangari and Ramesh Meshram [supra].

[ii] The Acquiring Body / State shall deposit the amount of compensation as per the modified Award within a period of twenty-four [24] months from the date of this Award.

-4- [iii] If the Acquiring Body commits breach in depositing the amount under this Award within a period of twenty-four [24] months, in that case, the Claimants shall be entitled to statutory interest, excluding the period caused in filing the Appeal.

[iv] The amount deposited in this Court or which would be deposited in this Court shall be paid to the Claimants in terms of this Award, and excess amount, if any, shall be refunded to the Acquiring Body.

[v] The Appellants/Claimants are entitled to withdraw the amount after deposit by the Acquiring Body.

6.

The Appeal stands disposed off in terms of the Compromise Pursis "X".

7.

The Court Fees Refund Certificate shall be issued as per Rules.

8.

Pending civil application/s, if any, stand/s disposed off. (Mrs. Yogita Thorat- (Kishor R. Chaudhari) (Neeraj P. Dhote) Kshirsagar) District Judge (Retd.) Judge Head of the Panel Advocate Member Member Date: 13.09.2025 Place: Aurangabad Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 23/09/2025 10:52:01 SG Punde