Bombay High CourtCA/7303/2016disposed offdismissed for default

The Executive Enginner, Irrigation Project Majbutikar Division, Omerga, O.Bad v. Madhavrao Hawagirao Patil

2018-04-22Shri Justice J P Devadhar3 pages

-1- C.A. NO. 7301 OF 2016 (Group)

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 EXHIBIT -E PAGE NOS 58 & 59) CIVIL APPLICATION NO. 7301/2016 IN FIRST APPEAL (ST.) NO. 12903/2016 WITH CIVIL APPLICATION NO. 7303/2016 IN FIRST APPEAL (ST.) NO. 13372/2016 WITH CIVIL APPLICATION NO. 7305/2016 IN FIRST APPEAL (ST.) NO. 13369/2016 WITH CIVIL APPLICATION NO. 7307/2016 IN FIRST APPEAL (ST.) NO. 13360/2016 WITH CIVIL APPLICATION NO. 7309/2016 IN FIRST APPEAL (ST.) NO. 13357/2016 WITH CIVIL APPLICATION NO. 7311/2016 IN FIRST APPEAL (ST.) NO. 13384/2016 WITH CIVIL APPLICATION NO.7313/2016 IN FIRST APPEAL (ST.) NO. 13378/2016 WITH CIVIL APPLICATION NO. 7315/2016 FIRST APPEAL (ST.) NO. 13363/2016 WITH CIVIL APPLICATION NO. 7317/2016 IN FIRST APPEAL (ST.) NO. 13366/2016 Officer :- Executive Engineer, Irrigation Project Majbutikaran Division, Omerga.

Applicants/Representative of Acquiring Body :- Shri S.G.Karlekar, A.G.Ps.

:- Shri A.M. Phule, Shri B.V. Virdhe and Shri S.S.Dande.

-2- C.A. NO. 7301 OF 2016 (Group)

O R D E R

1) These appeals are filed by the Executive Engineer, Irrigation Project Majbutikaran Division, Omerga and Others. 2) Shri S.G. Karlekar is appearing for the acquiring body and Learned A.G.Ps Shri A.M. Phule, Shri B.V. Virdhe and Shri S.S.Dande are representing the State. Advocate Shri N.R. Pawade holding for Advocate Shri L.C.Patil represents the respondents (original claimants). 3) It is contended that the appellants, in view of the policy adopted by the Government vide Government Resolution, dated 03/11/2016 read with corrigendum dated 23/02/2017, do not wish to prosecute these appeals further. A.G.P. Shri. Karlekar for acquiring body further submitted that the Acquiring Body has deposited the entire amount of compensation in this Court.

4) The learned Advocate appearing for the claimants, on instructions, submitted that the claimants have accepted the amount, as has been deposited by the Acquiring Body in this Court, as full and final settlement. In view of the above, the present appeals stand settled and disposed of. The respondents are permitted to withdraw the deposited amount, if already not withdrawn by them. The appellants shall be entitled

-3- C.A. NO. 7301 OF 2016 (Group) for refund of Court fee in accordance with law. The delay caused in preferring the Appeals if any, stands condoned. 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.

Mahajansb/