Bombay High CourtFA/3739/2019disposed offdismissed for default

Sudam Jibhau Girase (Died) Lrs Jaypal v. The Special Land Acquisition Officer, Medium Irrigation, Dhule And ORS

2020-02-08Shri Justice J P Devadhar5 pages

1 PB Sr.Nos.18, 20, 21, 22, 23, 24, 26, 27, 28.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, HELD ON 8TH FEBRUARY, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD PB Sr. Nos. 18, 20, 21, 22, 23, 24, 26, 27, 28 18 FIRST APPEAL NO.3731 OF 2019 INDERSING SAKALSING (DIED) THR LRS KHATABAI

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION, DHULE AND ORS AND 20 FIRST APPEAL NO.3733 OF 2019 UDAYSING NAWAL GIRASE OURT OF LOK ADALAT

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION, DHULE AND ORS 08/02/ AND 21 FIRST APPEAL NO.3734 OF 2019 CHANDRAKANT KOMALSING GIRASE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION, DHULE AND ORS AND 22 FIRST APPEAL NO.3735 OF 2019 AJABSING GULABSING GIRASE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION, DHULE AND ORS

2 PB Sr.Nos.18, 20, 21, 22, 23, 24, 26, 27, 28.odt AND 23 FIRST APPEAL NO.3736 OF 2019 VATSALABAI KOMAL GIRASE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION, DHULE AND ORS AND 24 FIRST APPEAL NO.3737 OF 2019 MOHAN PRATAP GIRASE (BAGUL)

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION, DHULE AND ORS AND 26 FIRST APPEAL NO.3739 OF 2019 SUDAM JIBHAU GIRASE (DIED) LRS JAYPAL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION, DHULE AND ORS AND 27 FIRST APPEAL NO.3740 OF 2019 HIMMAT AMBAR GIRASE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION, DHULE AND ORS AND 28 FIRST APPEAL NO.3741 OF 2019 KOMALSING SARDARSING GIRASEOURT OF LOK ADALAT

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION, DHULE AND ORS

O R D E R

Mr A.B. Kale, Counsel for the Appellants/claimants, Mr

3 PB Sr.Nos.18, 20, 21, 22, 23, 24, 26, 27, 28.odt Devendra Dinanath Joshi, Executive Engineer, Dhule Medium Project, Dhule Division, Dhule, Mr Pramod Bhamre, Special Land Acquisition Ofcer, Dhule, Mr A.M. Phule, AGP for State and Mr A.D. Pawar, Advocate for for Acquiring Body are present. 2.

Mr A.B. Kale, learned Counsel for the claimants/appellants has produced a chart stating therein the compromise arrived between the parties. However, Mr Pawar, learned Counsel for the Acquiring Body produced a copy of letter issued by Executive Engineer, Tapi Patbandhare Vikas Mahamandal, Jalgaon dated 07.02.2020, wherein sanction for compromise is accorded only to following 9 matters.

(1) FIRST APPEAL NO. 3731 OF 2019 (2) FIRST APPEAL NO. 3733 OF 2019 (3) FIRST APPEAL NO. 3734 OF 2019 (4) FIRST APPEAL NO. 3735 OF 2019 (5) FIRST APPEAL NO. 3736 OF 2019 (6) FIRST APPEAL NO. 3737 OF 2019 (7) FIRST APPEAL NO. 3739 OF 2019 (8) FIRST APPEAL NO. 3740 OF 2019 (9) FIRST APPEAL NO. 3741 OF 2019

4 PB Sr.Nos.18, 20, 21, 22, 23, 24, 26, 27, 28.odt As such, the above said compromise chart/statement is taken on record to the extent of above said 9 appeals/matters. 3.

It is agreed between the parties that the respondent/Acquiring Body shall pay the compensation amount to the appellants as per 85 % of valuation report submitted by the claimants before the Reference Court.

In view of chart/statement of compromise arrived between the parties as stated above to the extent of above said 9 matters, the compromise chart is taken on record and marked as 'X' for identification. The copy of letter submitted by Mr A.D. Pawar, the learned Counsel for the Acquiring Body is also taken on record and marked as "Y" for identification.

In view of the terms of settlement arrived between the parties as per chart marked as 'X', the appeals stand disposed of. 6.

The Acquiring Body shall deposit the amount of compensation which is settled between the parties within a period of one year from the date of order in the Reference Court. The claimants are at liberty to withdraw the same. 7.

It is further agreed between the parties that claimants/appellants would be entitled to claim interest U/s. 28 of

5 PB Sr.Nos.18, 20, 21, 22, 23, 24, 26, 27, 28.odt the Land Acquisition Act from the date of Award in view of Judgment reported in 2018 (Vol. 1)) ALL MR 645 , The State of Maharashtra Vs Ramesh Tukaram Meshram and Anr. and to that extent, award stands modified.

In case the payment is not made by the Acquiring Body to the claimants within a period of one year, in that case, the original claimants shall be entitled to claim statutory interest. 9.

Civil Application/s if any, pending, also stands disposed of. 10.

The Court fee refund certificate be issued as per the rules in favour of the appellants.

(K. C. Sant) (V.B. Mantri) (Shrikant D. Kulkarni J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 08.02.2020 mta