Bombay High CourtCA/9259/2019disposed offdismissed for default

The Ex. Engineer, Medium Project Division, Latur And ANR v. Vijaykumar Vittalrao Male

2020-02-08Shri Justice J P Devadhar2 pages

28 Civil Appln No 9259 of 2019.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT.JUSTICE S. D. KULKARNI HELD ON 08TH FEBRUARY, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 28 CIVIL APPLICATION NO.9259 OF 2019 IN FAST/11818/2019 . . .

THE EX. ENGINEER, MEDIUM PROJECT DIVISION, LATUR AND ANR

VERSUS

VIJAYKUMAR VITTALRAO MALE . . .

Advocate for Applicant : Mr.P.G.Rodge Advocate for Respondents : Mr.G.K.Sontakke AGP for Respondents/State : Mr.A.M.Phule

O R D E R

The learned Advocate for applicant Mr.P.G.Rodge and Mr.G.K.Joshi - Executive Engineer, Latur Minor Irrigation Division, Latur are present. The learned Advocate for respondents Mr.G.K.Sontakke is present. The learned A.G.P. for State Mr.A.M.Phule is also present.

It is submitted by the learned Advocate for acquiring body Mr.Rodge that the compensation awarded by the reference Court is covered by the Government Resolution dated 03rd November, 2016 read with subsequent corrigendum dated 23rd February, 2017 and 13th August, 2018. Both the parties have agreed for the said amount of compensation

28 Civil Appln No 9259 of 2019.odt awarded by the reference Court. It is further submitted that amount of compensation is yet to be deposited in the reference Court. It is agreed by the acquiring body to deposit the amount of compensation within six months from today. The respondents/respective claimants are entitled to get interest under Section 28 and 34 of the Land Acquisition Act, from the date of award in view of decisions in State of Maharashtra Vs. Kailash Shiva Rangari [2016(4) ALL MR 513 (F.B.)] and the State of Maharashtra and ors. Vs. Ramesh s/o Tukaram Meshram and ors. [2018(1) ALL MR 645]. 3.

If acquiring body failed to deposit the compensation amount and interest, the acquiring body shall pay interest on the aggregate amount at the rate of 6% perannum till its full realisation. Pending civil applications, if any, are also disposed of accordingly. The Court Fee Refund Certificate be issued in the name of appellant.

( K.C.SANT ) ( V.B.MANTRI) ( S. D. KULKARNI,J.) Advocate District Judge Head of the Panel Member ( Retd.) Member Date : 08/02/2020.

Place: Aurangabad.

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