Bombay High CourtFA/2552/2017compramised

The Exe Engineer, Nimna Dudhana Project Div Selu,(Jaikwadi Cons. Project Div No.7 Parbhani) And ORS v. Purushottam Anna Kale

2019-03-17Shri Justice J P Devadhar4 pages

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI HELD ON 17TH MARCH, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 70 CIVIL APPLICATION NO.8663 OF 2016 IN FAST/15868/2016 THE EXE ENGINEER, NIMNA DUDHANA PROJECT DIV SELU,(JAIKWADI CONS. PROJECT DIV NO.7 DASHRATH PIRAJI KHOSE 71 FIRST APPEAL NO.2547 OF 2017 THE EXE ENGINEER, NIMNA DUDHANA PROJECT DIV SELU,(JAIKWADI CONS. PROJECT DIV NO.7 DAGDUBA SHESHRAO GAWALI AND ANR 72 FIRST APPEAL NO.2548 OF 2017 THE EXE ENGINEER, NIMNA DUDHANA PROJECT DIV SELU,(JAIKWADI CONS. PROJECT DIV NO.7 VASANT PRABHAKAR ROHINKAR 73 FIRST APPEAL NO.2549 OF 2017 THE EXE ENGINEER, NIMNA DUDHANA PROJECT DIV SELU,(JAIKWADI CONS. PROJECT DIV NO.7 NARHARI SAHEBRAO GAWALI DIED THR LATABAI AND ORS

74 FIRST APPEAL NO.2551 OF 2017 THE EXE ENGINEER, NIMNA DUDHANA PROJECT DIV SELU,(JAIKWADI CONS. PROJECT DIV NO.7 TULSHIDAS PRABHAKAR ROHINKAR 75 FIRST APPEAL NO.2552 OF 2017 THE EXE ENGINEER, NIMNA DUDTHE COURT OF LOK ADALATHANA PROJECT DIV SELU,(JAIKWADI CONS. PROJECT DIV NO.7 PURUSHOTTAM ANNA KALE 1 82 FIRST APPEAL NO.2760 OF 2018 THE EX. ENGINEER, N.D.P.D. SELU, THR JALNA IRRIGATIONDIV, JALNA AND ORS ANNASAHEB KUNDALIKRAO KALE 83 FIRST APPEAL NO.2841 OF 2018 THE EX. ENGINEER, N.D.P.D. SELU, THR JALNA IRRIGATIONDIV, JALNA AND ORS SITABAI NAMDEO KALE (DIED) THR LRS SUMANBAI NAMDEO KALE 84 FIRST APPEAL NO.2842 OF 2018 THE EX. ENGINEER, N.D.P.D. SELU, THR JALNA IRRIGATIONDIV, JALNA AND ORSTHE COURT OF LOK ADALAT PRAKASH SHRIPATRAO BHAMAT 1

86 FIRST APPEAL NO.2845 OF 2018 THE EX. ENGINEER, N.D.P.D. SELU, THR JALNA IRRIGATIONDIV, JALNA AND ORS PRABHAKAR NARAYANRAO KALE 87 FIRST APPEAL NO.2846 OF 2018 THE EX. ENGINEER, N.D.P.D. SELU, THR JALNA IRRIGATIONDIV, JALNA AND ORS RAMDAS DNYANOBA TONPE Mr. Ruturaj C. Patil, Advocate for the appellants/acquiring body in all appeals Mr. Arun H. Koralkar, Advocate for the respondents in all appeals

O R D E R

Advocate Mr. Ruturaj C. Patil is appearing for appellant/acquiring body. Mr. P.B. Jadhav, Executive Engineer, Jalna Irrigation Division, Jalna is also present. Advocate Mr. A.H. Koralkar is present for the respondents. Pursis has been filed by them. It is marked as Exh.'X'. In view of the said compromise the appeals are disposed of as withdrawn.

Award/Decree be drawn up in terms of the compromise.

In view of the compromise refund of Court fees would be as per rules.

Deficit Court fee, if any, be paid forthwith. Pending Civil Applications, if any, be disposed of. Statement is also made that 75% amount is already withdrawn by the claimants. In view of the fact that interest is to be calculated as per the decision of the Full Bench in State of Maharashtra vs. Kailash Shiva Rangari reported in 2016(4) ALL M.R. 513 (D.B.). Remaining amount, if any, towards claimants, be given to the claimants and if there is excess amount, then it should be refunded to the acquiring body along with interest accrued.

(K.B. Choudhari) (V.B. Mantri) (Smt. Vibha Kankanwadi, J.) Advocate D.J. (Retd.) Head of the Panel.

Member Member Date :17.03.2019.

Place : Aurangabad.

agd