The Executive Engineer, Krishna Khore Division, O.Bad v. Subhash Namdeo Bhorade And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 1 FIRST APPEAL NO.3142 OF 2016 WITH FA/3141/2016 WITH FA/3143/2016 WITH FA/3144/2016 WITH FA/3145/2016 WITH FA/3146/2016 WITH FA/3147/2016 WITH FA/3148/2016 THE EXECUTIVE ENGINEER, KRISHNA KHORE O'BAD

VERSUS

BAPUDEO KAMALA BHORADE AND OTHER ...

Advocate for Appellant : Mr. Patil Ruturaj C. Mr. CK Shinde For R/1.

----- CORAM : P.R.BORA, J.

DATE :

th July,2017.

PER COURT :

1) When the present group of appeals was taken up for hearing, Shri C.K.Shinde, learned Counsel appearing for the respondent/s - i.e. original claimant/s, tendered across the Bar a certified copy of the Award passed in Lok Adalat held on 8th July, 2017 under the aegis of the District Legal Services Authority, Beed. The said certified copy is taken on record and marked

as "X" for identification.

.

The learned further Counsel submitted that about 22 matters arising out of the same acquisition proceedings, out of which, the present eight appeals are on Today's board, have been amicably settled before the said Lok Adalat. The learned Counsel further submitted that in all these matters, the original claimants have agreed to accept the amount, as has been shown by the acquiring body in the Chart, which has been placed before the Lok Adalat, a copy of which is also annexed with the Award, as full and final settlement of their claim.

.

The learned Counsel submitted that in terms of the compromise, the acquiring body has undertaken to deposit the amount as per the said chart within ten days before the Reference Court in the concerned LAR Execution proceedings. In terms of the compromise, it is further stated that the appeals filed by the acquiring body in the High Court will be withdrawn.

2) I have perused the terms of compromise and the chart which has been annexed with the award passed by the Lok Adalat.

3) Shri R.C.Patil, learned Counsel appearing for the acquiring body, submits that he does not have any communication in this regard from the concerned department. However, the learned Counsel fairly submits that he does not dispute the factual statements made by learned Counsel appearing for the respondents - original claimants.

4) Considering that the matters, which gave rise for filing the present appeals, have been settled in the execution proceedings before the Reference Court at Beed in the Lok Adalat held on 8th July, 2017, I deem it appropriate to dispose of the present appeals in terms of the compromise arrived at between the parties before the Lok Adalat in the respective Execution proceedings pertaining to respective LARs. The first appeals,

therefore, stand disposed of in view of the fact that the settlement has been arrived at between the claimants and the acquiring body in the matter of Execution proceedings arising out of the Award passed by the Reference Court which are impugned in the present appeals. No costs.

(P.R.BORA,J.) bdv/