The Executive Enginner, Irrigation Project Majbutikar Division, Omerga, O.Bad v. Balaji Govindrao Potdar

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 14TH JULY, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1018 FIRST APPEAL (STAMP) NO. 12903 OF 2016 THE EXECUTIVE ENGINEER, IRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND ORS

VERSUS

SHANKARRAO HAWAGIRAO PATIL ...

1019 FIRST APPEAL (STAMP) NO. 13357 OF 2016 THE EXECUTIVE ENGINNER, IRIGATION PROJECT MAJBUTIKARDIVISION, OMERGA, O.BAD

VERSUS

ANANDRAO HAWAGIRAO PATIL ...

1020 FIRST APPEAL (STAMP) NO. 13360 OF 2016 THE EXECUTIVE ENGINNER, IRIGATION PROJECT MAJBUTIKARDIVISION, OMERGA, O.BAD

VERSUS

DILIPKUMAR MANORANJAN SHAHAND ANOTHER ...

1021 FIRST APPEAL (STAMP) NO. 13363 OF 2016 THE EXECUTIVE ENGINNER, IRIGATION PROJECT MAJBUTIKARDIVISION, OMERGA, O.BAD

VERSUS

HYDERSAB MAHEBOOBSAB JAMADR DEAD THR HIS LRS BASHARABEEBEGUM ...

1022 FIRST APPEAL (STAMP) NO. 13366 OF 2016 THE EXECUTIVE ENGINNER, IRIGATION PROJECT MAJBUTIKARDIVISION, OMERGA, O.BAD

VERSUS

VYANKAT SHIVAYYA PATIL ...

1023 FIRST APPEAL (STAMP) NO. 13369 OF 2016 THE EXECUTIVE ENGINNER, IRIGATION PROJECT MAJBUTIKARDIVISION, OMERGA, O.BAD

-2VERSUS BALAJI GOVINDRAO POTDAR ...

1024 FIRST APPEAL (STAMP) NO. 13372 OF 2016 THE EXECUTIVE ENGINNER, IRIGATION PROJECT MAJBUTIKARDIVISION, OMERGA, O.BAD

VERSUS

MADHAVRAO HAWAGIRAO PATIL ...

1025 FIRST APPEAL (STAMP) NO. 13378 OF 2016 THE EXECUTIVE ENGINNER, IRIGATION PROJECT MAJBUTIKARDIVISION, OMERGA, O.BAD

VERSUS

CHANABASAPPA SANGRAM PATILDEAD THR LRS GANESH ...

1026 FIRST APPEAL (STAMP) NO. 13384 OF 2016 THE EXECUTIVE ENGINNER, IRIGATION PROJECT MAJBUTIKARDIVISION, OMERGA, O.BAD

VERSUS

ANNARAO HAWAGIRAO PATIL ...

Advocate for Appellant : Mr. SujitG.Karlekar AGP for Respondents: Mr. B.V. Virdhe Advocate for respondents-claimants: Mr. A.S. More ....

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O R D E R

1.

Mr. S.G. Karlekar, learned counsel appearing for the appellant-acquiring body, Mr. B.V. Virdhe, learned A.G.P. for the State authorities are present and Mr. A.S. More, learned counsel appearing for respondent-claimants.

2.

Mr. Karlekar, learned counsel appearing for the appellantacquiring body submits that the rate awarded by the impugned

-3judgment and award passed by the reference court is less than four times of the rate awarded by the S.L.A.O. Thus, Mr. Karlekar, learned counsel appearing for appellant-acquiring body, on instructions from the appellant acquiring body and in tune with the Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017 seeks leave to withdraw these first appeals.

3.

In terms of the award passed by the reference court, the acquiring body in all matters has deposited the compensation as awarded at the enhanced rate by the reference court. The acquiring body has also taken decision to settle the dispute finally, which squarely falls in the category of Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017. 4.

In view of above, leave granted. All first appeals are disposed of as withdrawn. Court fees be refunded as per Rules. Pending civil applications, if any, are also disposed of. Statutory benefits be extended in accordance with law.

5.

Mr. Karlekar, learned counsel for the appellant-acquiring body, submits that if the amount at the enhanced rate as awarded by the reference court is not deposited, the same will be deposited within

-4six months from today. The amount if paid in excess be refunded to the acquiring body.

(K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.07.2018 Place: Aurangabad rlj/