Executive Engineer, Osmanabad Medium Project Division, Osmanabad Now Under The M.K.V.D.C. Ltd., Pun v. Jarichand Manohar Umap Died And ORS

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 13TH JULY, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 96 FIRST APPEAL NO.1341 OF 2013 THE STATE OF MAHARASHTRA AND ANR GURUBAI NAGAPPA PATNE DIED LRS PUTLABAI GURAPPA CHINGURDE AND ANR 97 FIRST APPEAL NO.3960 OF 2016 WITH FA/1880/2016 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD (UNDER K.K.V ASHOK SHRIRAM MORE 99 CIVIL APPLICATION NO.1146 OF 2017 IN FAST/15555/2014 WITH CA/1148/2017 IN FAST/15606/2014 WITH CA/1150/2017 IN FAST/15612/2014 WITH CA/1153/2017 IN FAST/15603/2014 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION, OMERGA, OSMAN MUDRIKABAI SHANKAR GAIKWAD AND OTHERS 104 FIRST APPEAL NO.

2693 OF 2017 WITH CA/7240/2013 IN FA/2693/2017 WITH FA/2695/2017 WITH CA/7250/2013 IN FA/2695/2017 WITH FA/2696/2017 WITH CA/7253/2013 IN FA/2696/2017 WITH FA/2697/2017 WITH CA/7242/2013 IN FA/2697/2017 WITH FA/2698/2017 WITH CA/7248/2013 IN FA/2698/2017 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION, BABU MIYAN PATEL AND OTHERS 107 FIRST APPEAL NO.254 OF 2018 EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD NOW UNDER THE M.

-2JARICHAND MANOHAR UMAP DIED AND ORS 111 FIRST APPEAL NO.778 OF 2018 WITH CA/10371/2015 IN FA/778/2018 RAJENDRA LAXMAN KAMBLE AND OTHERS 112 FIRST APPEAL NO.1544 OF 2018 ABDUL KADAR MOHD YUSUF GANI AND OTHERS 113 FIRST APPEAL NO.1549 OF 2018 YASHWANT NARSAPPA MADOLE DIED HIS LRS MAHADEO AND OTHERS 114 FIRST APPEAL NO.1550 OF 2018 SATISH VASANTRAO MALI AND OTHERS 115 FIRST APPEAL NO.1551 OF 2018 NARAYAN NAGAPPA PATANE AND OTHERS 116 FIRST APPEAL NO.1552 OF 2018 OMERGATHE COURT OF LOK ADALAT MAHADEO YASHWANT MADOLE AND OTHERS 1

-3117 FIRST APPEAL NO.1553 OF 2018 BABU DHONDAPPA PATIL AND OTHERS 118 FIRST APPEAL NO.1554 OF 2018 SARUBAI SANGRAM PATIL AND OTHERS 119 FIRST APPEAL NO.1555 OF 2018 BABURAO RAGHUNATH GANGNE AND OTHERS 122 FIRST APPEAL (STAMP) NO.10345 OF 2013 WITH CA/7245/2013 IN FAST/10345/2013 WITH CA/7246/2013 IN FAST/10345/2013 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION, RAMESH BIRA DHANGAR(GHODKE) AND OTHERS 123 FIRST APPEAL (STAMP) NO.10350 OF 2013 WITH CA/7243/2013 IN FAST/10350/2013 WITH CA/7244/2013 IN FAST/10350/2013 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION, KHALIL MAHEBOOB AND OTHERS 124 FIRST APPEAL (STAMP) NO.10361 OF 2013 WITH CA/7255/2013 IN FAST/10361/2013 WITH CA/7256/2013 IN FAST/10361/2013 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION, SHANKAR MAILARI SSHIRGURE DIED LRS ASHOK AND OTHERS

-4125 FIRST APPEAL (STAMP) NO.28926 OF 2014 WITH CA/10372/2015 IN FAST/28926/2014 WITH CA/10373/2015 IN FAST/28926/2014 ARJUN MARTAND KAMBLE DIED HIS LRS DHULIRAM ARJUN KAMBLE AND OTHERS 127 FIRST APPEAL (STAMP) NO.16124 OF 2017 WITH CA/7617/2017 IN FAST/16124/2017 WITH CA/7618/2017 IN FAST/16124/2017 THE EX. ENGINEER, OSMANABAD MEDIUM PROJECT DIV. OSMANABAD AND ORS GOKUL ANNA DEOKAR AGP for the appellant-State in FA No. 1341 of 2013: Mr. R.B. Bagul Advocate for the appellant: Panel advocates Advocate for the respondents-claimants: Mr. L.C. Patil, E.S. Murge, S.A. Wakure, A.S. More, N.S. Tekale, A.H. Koralkar, S.N. Patne (in respective matters) ....

O R D E R

1.

Shri Nitin Prabhakar Ambure, Executive Engineer, Osmanabad Medium Project Division, Osmanabad is present in person. Learned counsel appearing for the appellant-acquiring body, on instructions from the aforesaid officer, who is present before the panel submit that the rate awarded by the impugned judgment and award passed by the Reference Court is less than four times of the rate awarded by the Special Land Acquisition Officer. In view of above, learned counsel appearing for the appellant acquiring body, on instructions of the aforesaid officer, who is present before the panel and in tune with the Government Resolution dated 03.11.2016 and subsequent

-5Corrigendum dated 23.02.2017 and 13.08.2018, seek leave to withdraw these first appeals.

2.

Learned counsel for the appellant-acquiring body on instructions submit that the acquiring body has deposited the amount in some of the matters and in some matters the amount is yet to be deposited. So far as the amount which is not deposited as per the award at the enhanced rate passed by the Reference court, the acquiring body has agreed to deposit the said amount within a period of one year from today, failing which the said amount, as per the award, shall carry the interest.

3.

The Government has already taken policy decision to settle the dispute finally which squarely falls in the category as explained in the Government Resolutions dated 03.11.2016 and subsequent Corrigendum dated 23.02.2017 and 13.8.2018. In view of the above, leave granted. All first appeals are disposed of as withdrawn. The Court Fees be refunded as per Rules.

4.

The pending Civil Applications, if any, are also disposed of accordingly.

5.

The respondents-original claimants in terms of the ratio laid

-6down by the Full Bench of this Court in the case of State of Maharashtra vs. Kailash Shiva Rangari, reported in 2016(4) ALL MR 513 (F.B.), judgment of learned Single Judge of this court in the case of State of Maharashtra vs Ramesh Tukaram Meshram and another, reported in 2018 (1) ALL MR 645 and unreported judgment of this court dated 5th March, 2018 in first appeal No. 483 of 2018 (State of Maharashtra and others vs. Pandharinath Govind Misal and others) and other connected appeals, shall waive the payment of interest awarded under Sections 28 and 34 of the Land Acquisition Act 1894, if it is applicable. 6.

The respondents original claimants are at liberty to file an application for bringing the legal heirs/representatives on record, if occasion so arises, even after disposal of the appeal/s. The amount, if paid in excess, the same shall 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: 13.07.2019 Place: Aurangabad rlj/