The State Of Maharashtra v. Shriram Trambak Patil

1 Jalgaon.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE R. G. AVACHAT, J.

HELD ON 25th SEPTEMBER, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 27 FIRST APPEAL NO.1084 OF 2003 WITH FA/1092/2003 WITH FA/1091/2003 WITH FA/1083/2003 WITH FA/1090/2003 WITH FA/1093/2003 WITH FA/1095/2003 WITH FA/1096/2003 WITH FA/1097/2003 THE STATE OF MAHARASHTRA YADAV DHANGAR MARATHE 28 FIRST APPEAL NO.1094 OF 2003 WITH X-OBJ(ST)/39101/20 IN FA/1094/2003 WITH CA/685/2017 IN X-OBJST/39101/2016 STATE EKNATH HULA KOLI 29 FIRST APPEAL NO.2418 OF 2008 WITH CA/10011/2017 IN X-OBJST/14426/2017 THE SPECIAL LAND ACQ. OFFICER AND ANOTHER JAGAN DHANU TAWAR 30 FIRST APPEAL NO.2420 OF 2008 THE STATE OF MAHARASHTRA AND ANOTHER JANABAI PANDURANG PATIL 31 FIRST APPEAL NO.4155 OF 2008 WITH FA/4158/2008 WITH FA/4157/2008 WITH FA/4156/2008 STATE OF MAHARASHTRA SUKDEO RAMJI PATIL ...

32 FIRST APPEAL NO.181 OF 2009 WITH FA/173/2009 WITH FA/174/2009 WITH FA/176/2009 WITH FA/170/2009 WITH FA/177/2009 WITH FA/178/2009 WITH FA/180/2009 WITH FA/171/2009 THE STATE OF MAHARASHTRA SMT. DHUDKABAI PUNDLIK

2 Jalgaon.odt 33 FIRST APPEAL NO.231 OF 2009 WITH CA/5587/2013 IN X-OBJST/4043/2012 THE SPECIAL LAND ACQ. OFFICER JALGAON VATSALABAI NARAYAN SONAR 34 FIRST APPEAL NO.242 OF 2009 THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER BHAGATSINGH GOVINDSINGH PARDESHI AND ANOTHER 35 FIRST APPEAL NO.243 OF 2009 STATE O9F MAHARASHTRA BHAIRULAL GULABCHAND LUNKAD 36 FIRST APPEAL NO.244 OF 2009 SUPADABAI DESHAV PATIL L.RS. BAPU KESHAV PATIL AND OTHERS 37 FIRST APPEAL NO.372 OF 2009 STATE OF MAHARASHTRA TARACHAND BHAVDU CHOUDHARI 38 FIRST APPEAL NO.959 OF 2009 THE STATE OF MAHARASHTRA AND ANOTHER RASHIDKHAN AJADKHAN 39 FIRST APPEAL NO.1410 OF 2009 WITH FA/1409/2009 WITH FA/1412/2009 THE STATE OF MAHARASHTRA AND ANOTHER SAGAR KADU KOLI

3 Jalgaon.odt 40 FIRST APPEAL NO.1728 OF 2009 THE SPECIAL LAND ACQUISITION OFFICER,JALGAON AHMAD KHA IBRAIM KHA and OTHERS 41 FIRST APPEAL NO.1738 OF 2009 THE STATE OF MAHARASHTRA RAMESH TRAYAMBAK PATIL 42 FIRST APPEAL NO.1740 OF 2009 WITH FA/1725/2009 WITH FA/1730/2009 WITH FA/1737/2009 WITH FA/1739/2009 WITH FA/1745/2009 WITH FA/1746/2009 WITH FA/1753/2009 WITH FA/1750/2009 WITH FA/1751/2009 WITH FA/1752/2009 THE SPECIAL LAND ACQUISITION OFFICER JALGAON AND ANOTHER VITTHAL JALAM PATIL 43 FIRST APPEAL NO.1761 OF 2009 WITH CA/2966/2011 IN FA/1733/2009 WITH FA/1733/2009 WITH FA/1762/2009 WITH FA/1729/2009 WITH FA/1731/2009 WITH FA/1732/2009 SPL.LAND ACQUISITION OFFICER U.T.P.H.NO.2 JALGAON ONKR DAGADU KOLI 44 FIRST APPEAL NO.1847 OF 2009 AAMIDIBAI RAMA TAWAR 45 FIRST APPEAL NO.279 OF 2010 SAKHARBAI CHINTAMAN MAHAJAN

4 Jalgaon.odt 46 FIRST APPEAL NO.287 OF 2010 THE COLLECTOR JALGAON AND OTHERS LAKHICHAND ONKAR NAIK 47 FIRST APPEAL NO.288 OF 2010 THE COLLECTOR JALGAON AND OTHERS MANGALBAI NAMDEO MAHAJAN 48 FIRST APPEAL NO.1932 OF 2010 THE STATE OF MAHARASHTRA AND ANOTHER GOPAL BHAGWANTRAO PATIL AND OTHERS 49 FIRST APPEAL NO.2208 OF 2010 WITH FA/2209/2010 THE STATE OF MAHARASHTRA SHRIRAM TRAMBAK PATIL 50 FIRST APPEAL NO.2213 OF 2010 WITH FA/2206/2010 THE STATE OF MAHARASHTRA RAMCHANDRA GOVINDA MAHARR 51 FIRST APPEAL NO.2399 OF 2010 THE STATE OF MAHARASHTRA BHAGWAT KADU BAVASKAR 52 FIRST APPEAL NO.2652 OF 2010 DILIP VISHWANATH PATIL

5 Jalgaon.odt 53 FIRST APPEAL NO.2653 OF 2010 VISHWANATH SONAJI L.RS. DILIP VISHWNATH PATIL 54 FIRST APPEAL NO.1403 OF 2011 THE SPECIAL LAND ACQ. OFFICER AND ANOTHER PARVATIBAI PANDURANG HATKAR 55 FIRST APPEAL NO.2041 OF 2015 THE COLLECTOR JALGAON AND OTHERS MOHAN POPAT MAHAJAN 56 FIRST APPEAL NO.2046 OF 2015 THE COLLECTOR JALGAON SITARAM LAXMAN BHALERAO MANG 57 FIRST APPEAL NO.2572 OF 2016 THE COLLECTOR JALGAON RAVIKANT PADMSHI GOSHAR 58 FIRST APPEAL NO.3139 OF 2016 THE SPECIAL LAND ACQUISITION OFFICER, MIW JALGAON AND ANOTHER SURENDRA ANANDA BHIRUD ...

A.G.P. for Appellants - State : Mr. A.M. Phule Advocate for respondents - claimants : Mr. R.C. Patil, Mr. V.D. Gunale, Mr. A.B. Kale, Mrs. S.A. Thumal (Tambat), Mr. M.G. Deokate, Mr. V.M. Maney, Mr. V.B. Patil Officers for appellant - acquiring body / State : Mr. Kiran A. Sawant Patil, Special Land Acquisition Officer, Jalgaon and Mr. Rajendra Wagh, Special Land Acquisition Officer, A.T.P.H., Jalgaon

6 Jalgaon.odt

O R D E R

These Appeals are placed before this Lok Adalat by the appellant - State. Learned A.G.P., concerned officer and learned counsel for the respondents - claimants are present.

2.

Mr. A.M. Phule, learned A.G.P. submitted that the above numbered groups of appeals is squarely covered by the Government Resolution No.Sankirna-2014/ Pra.Kra.4/ Bham-1/ A-4, dated 3rd November, 2016 with Government Corrigendum, dated 23rd February, 2017 and 13th August, 2018 to the said Government Resolution. In turn, these appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals. 3.

Learned A.G.P. submits that the entire amount in some of the appeals has been deposited and lateron withdrawn by the original claimants. It is further submitted that in view of withdrawal of amount, nothing survives in those appeals.

4.

It is informed by learned A.G.P. that in some other appeals the amount is yet to be deposited. Learned A.G.P. prays for one year's duration for depositing the amount, either before this Court or the concerned reference Court.

5.

Said request is accepted. The State shall deposit the amount either before this Court or reference Court, preferably within a period of one year from today, failing which the claimants are entitled to execute the awards as permissible in law by claiming interest and other monetary benefits.

7 Jalgaon.odt 6.

Before disposing the appeals, it is clarified that if any amount is still in deposit with this Court, the same shall be transmitted to the reference Court. The reference Court shall disburse the said amount with accrued interest thereon to the original claimants on their application. The claimants are permitted to make the application before the reference Court for withdrawal of said amount. 7.

These first appeals stand disposed of as withdrawn. No order as to costs.

8.

The Civil Application/s, if any, except the application to bring on record legal heirs and the cross objections, stand/s disposed of. 9.

Issue full Court fee refund certificate.

( S.P. Brahme ) ( S.G. Shete ) ( R. G. AVACHAT, J. ) Advocate District Judge (Retd.) Head of the Panel Member Member Date : 25.09.2021.

Place : Aurangabad.

RRD/SSD