The State Of Maharashtra v. Kalyansing Sukhlalsing Rajput

1 Aurangabad.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'

BLE SHRI JUSTICE R. G. AVACHAT, J.

HELD ON 25th SEPTEMBER, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 79 FIRST APPEAL NO.2083 OF 2009 WITH FA/2082/2009 WITH FA/2084/2009 WITH FA/2085/2009 WITH FA/2086/2009 WITH FA/2088/2009 WITH FA/2079/2009 WITH FA/2080/2009 WITH FA/2081/2009 WITH FA/3114/2009 STATE OF MAHARASHTRA

VERSUS

GORAKHNATH RAMKRISHNA GAIKWAD ...

80 FIRST APPEAL NO.3134 OF 2009 THE STATE OF MAHARASHTRA

VERSUS

KALYANSING SUKHLALSING RAJPUT ...

A.G.P. for Appellant - State : Mr. A.M. Phule Advocate for respondents - claimants : Mr. S.K. Adkine Officers for appellant - acquiring body / State : Mr. Anant Gavhane, Additional Collector, Aurangabad, Mr. Appasaheb Shinde, Deputy Collector, Land Acquisition, Jayakwadi Project, Aurangabad and Mr. P.R. Wangujare, Assistant Engineer Grade I, N.M.I. Sub-Division No.2, Vaijapur, Dist. Aurangabad ...

O R D E R

These Appeals are placed before this Lok Adalat by the appellant - State. Learned A.G.P., concerned officer and learned counsel for the respondents - claimants are present.

2.

Mr. A.M. Phule, learned A.G.P. submitted that the above numbered groups of appeals is squarely covered by the Government Resolution No.Sankirna-2014/ Pra.Kra.4/ Bham-1/ A-4, dated 3rd November, 2016 with Government Corrigendum, dated 23rd February, 2017 and 13th

2 Aurangabad.odt August, 2018 to the said Government Resolution. In turn, these appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals. 3.

Learned A.G.P. submits that the entire amount in some of the appeals has been deposited and lateron withdrawn by the original claimants. It is further submitted that in view of withdrawal of amount, nothing survives in those appeals.

4.

It is informed by learned A.G.P. that in some other appeals the amount is yet to be deposited. Learned A.G.P. prays for one year' s duration for depositing the amount, either before this Court or the concerned reference Court.

5.

Said request is accepted. The State shall deposit the amount either before this Court or reference Court, preferably within a period of one year from today, failing which the claimants are entitled to execute the awards as permissible in law by claiming interest and other monetary benefits.

6.

Before disposing the appeals, it is clarified that if any amount is still in deposit with this Court, the same shall be transmitted to the reference Court. The reference Court shall disburse the said amount with accrued interest thereon to the original claimants on their application. The claimants are permitted to make the application before the reference Court for withdrawal of said amount. 7.

These first appeals stand disposed of as withdrawn. No order as to costs.

3 Aurangabad.odt 8.

The Civil Application/s, if any, except the application to bring on record legal heirs and the cross objections, stand/s disposed of. 9.

Issue full Court fee refund certificate.

( S.P. Brahme ) ( S.G. Shete ) ( R. G. AVACHAT, J. ) Advocate District Judge (Retd.) Head of the Panel Member Member Date : 25.09.2021.

Place : Aurangabad.

RRD/SSD