State Of Maha v. Anil Eknath Chavan

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SANDIPKUMAR C. MORE HELD ON 13TH AUGUST, 2022.

AT THE HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AURANGABAD 1 FIRST APPEAL NO.451 OF 2003 THE STATE OF MAHARASHTRA.

BHIKU BAJIRAO DIDUL.

2 FIRST APPEAL NO.1355 OF 2004 WITH CIVIL APPLICATION NO. 9452/2004 IN FIRST APPEAL NO. 1355/2004 SHAIKH AMINABEE SHAIKH GULAB FIRST APPEAL NO. 1356/2004 WITH CIVIL APPLICATION NO. 9451/2004 IN FIRST APPEAL NO. 1356/2004 SHAIKH TRURAB SHAIKH CHAND FIRST APPEAL NO. 1358/2004 WITH CIVIL APPLICATION NO. 9449/2004 IN FIRST APPEAL NO. 1358/2004 BHAGUBAI ASHRU KOKARE FIRST APPEAL NO. 1357/2004 WITH CIVIL APPLICATION NO. 9450/2004 IN FIRST APPEAL NO. 1357/2004 AMBADAS NARAYAN DHANWADE FIRST APPEAL NO. 1359/2004 WITH CIVIL APPLICATION NO. 9448/2004 IN FIRST APPEAL NO. 1359/2004 KISAN NARAYAN DHANWADE 3 FIRST APPEAL NO.1361 OF 2004 POPAT EKNATH GHODKE AND ANOTHER

WITH FIRST APPEAL NO. 1363/2004 BALKRISHNA DEORAO SUKLA AND OTHERS FIRST APPEAL NO. 1362/2004 NASHIR DAGDU PATHAN AND OTHERS FIRST APPEAL NO. 1364/2004 YASHODABAI KASHINATH GHODKE FIRST APPEAL NO. 1360/2004 BHANUDAS NAGU GHODKE 4 FIRST APPEAL NO.1370 OF 2004 ANKUSH RAMBHAU GARSULE FIRST APPEAL NO. 1369/2004 POPAT @ PARSHVANATH WARDHAMAN FIRST APPEAL NO. 1366/2004 MALANABAI EKNATH CHAVAN FIRST APPEAL NO. 1367/2004 ANIL EKNATH CHAVAN FIRST APPEAL NO. 1371/2004 SANJAY SUDHAKAR CHAVAN FIRST APPEAL NO. 1365/2004

MADHUKAR DAGDU CHAVAN FIRST APPEAL NO. 1368/2004 ROHIDAS BABU CHAVAN 5 FIRST APPEAL NO.654 OF 2006 THE STATE OF MAHARASHTRA AND ANR MADHUKAR BHAIRU DHUMAL 6 FIRST APPEAL NO.2191 OF 2008 THE STATE OF MAH and ORS RAJARAM KONDIBA GADADE 7 FIRST APPEAL NO.2708 OF 2008 THE STATE OF MAHARASHTRA AND ORS.

NOORBEE SK MOHAMMAD ...

Mr A M Phule, AGP for Appellant-State Mr. Pramod Kudale, Sub Divisional Officer, Beed present for acquiring Body. Mr. N. L. Jadhav, Ms. Asha Rakh, Mr. D. R. Jaybhar, Mr. S.S.Thombre, Mr. S.G. Chapalgaonkar, Advocates for the respective claimants O R D E R 1.

All these appeals are placed before this Lok-Adalat by the Appellant-State.

2. Mr. A. M. Phule, learned AGP for the appellant-State submitted that all these appeals are covered by the Government Resolution No. Sankirna2014/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. Thus, these appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra.

3.

The learned AGP for the appellant-State submitted that in some of the appeals, entire compensation amount has been deposited and in some appeals, the amount is yet to be deposited.

4.

Under the circumstances, if the claimants have not withdrawn the amount in the appeals wherein it is deposited, then they are permitted to withdraw the same along-with accrued interest thereon till date. In case of appeals wherein the compensation amounts are not yet deposited, the amount shall be deposited within a period of six months along-with accrued interest as awarded by the Reference Court and the respondents/claimants are at liberty to withdraw the same. 5.

Accordingly, all these appeals stand disposed of as withdrawn. No order as to costs.

6.

Pending Civil Applications also stand disposed of. 7.

The Court fee refund certificate be issued as per Rules. (R. M. DESHMUKH) Advocate Member (S. G. SHETE ) District Judge (Retd.) Member (SANDIPKUMAR C. MORE,J.) Head of the Panel Date: 13.08.2022 Place: Aurangabad JPC