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Bombay High CourtFA/1732/2004

The State Of Mah. v. Raghunath Dhondiba Tandale And ORS.

2018-04-22Shri Justice J P Devadhar4 pages

1 Sr.No.1

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE P.R. BORA, HELD ON 22nd APRIL, 2018 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 1729 of 2004 WITH CIVIL APPLICATION NO.1005 OF 2005 IN FIRST APPEAL NO. 1729 of 2004 WITH FIRST APPEAL NO. 1730 of 2004 WITH CIVIL APPLICATION NO.10385 OF 2004 WITH FIRST APPEAL NO. 1730 of 2004 WITH CIVIL APPLICATION NO.1004 OF 2005 WITH FIRST APPEAL NO. 1730 of 2004 WITH FIRST APPEAL NO. 1731 of 2004 WITH CIVIL APPLICATION NO.1003 OF 2005 WITH FIRST APPEAL NO. 1731 of 2004 WITH FIRST APPEAL NO. 1732 of 2004 WITH CIVIL APPLICATION NO.509 OF 2005 WITH FIRST APPEAL NO. 1732 of 2004 WITH FIRST APPEAL NO. 1733 of 2004 (Board-D) (Sr. No.1)

2 Sr.No.1 Appearance :- Assistant Government Pleaders :

Shri A.M. Phule, for appellants /State Shri B.V. Virdhe, Shri S.S. Dande Advocate for respondents :

Shri M.S. Karad, h/f.

Shri S.S. Thombre Officer :

Shri Ganesh Jadhav, Naib Tahsildar SDO Office, Patoda, Dist. Beed

ORDER

1.

The present appeals are filed by the Acquiring Body/State. Shri Ganesh Jadhav, Naib Tahsildar is present before the Panel. AGP Shri Phule is present for the State. Learned Counsel, Shri M.S. Karad is appearing for the respondents/original claimants. He is also present before the Panel. It is submitted that, in view of the policy adopted by the Government vide Government Resolution dated 3rd November, 2016 read with Corrigendum dated 23rd February, 2017, the Acquiring Body/ State does not wish to prosecute these appeals further. It is further contended that, the Acquiring Body/ State undertakes to deposit

3 Sr.No.1 the entire amount of compensation along with the interest accrued thereon within six months from the date of this order. Learned Counsel for the claimants, on instructions, submits that, if the Acquiring Body/ State deposits the amount within six months from today in terms of the Awards impugned in the present appeals, the claimants are ready to waive the interest of the said period of six months.

2.

In view of the submission so made, the present appeals stand settled and in the result, the following order is passed.

O R D E R

i) The Awards passed by the reference Court, which are impugned in the present appeals stand confirmed. ii) The Acquiring Body / State shall deposit the amount of compensation in terms of Award with interest thereon till the date within the period of six months from the date of this order. iii) The claimants waive their right to claim interest on the decreetal amount for the said period of six months, which would expire on 22.10.2018.

4 Sr.No.1 iv) The Award be drawn accordingly.

v) The appellants are entitled for the refund of Court fees in accordance with law.

vi) Civil Applications, if any, stand disposed of. ( K. C. SANT) (P.S. PARANJAPE) ( P. R. Bora, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 22.04.2018 Place: Aurangabad.

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