Executive Engineer, Minor Irrigation, v. Raviraj Vishwanath Bhure

1 FA 2419/2010 & Ors.

IN THE NATIONAL LOK ADALAT

PRESIDED OVER BY HON'BLE SHRI JUSTICE P.R.BORA, HELD ON 14 th JULY, 2018 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1 FIRST APPEAL NO.

2419 OF 2010 EXECUTIVE ENGINEER MINOR IRRIGATION SUNANDA GUNWANT DONGRE AND OTHERS WITH CA/8778/2010 IN FA/2419/2010 WITH FA/2411/2010 WITH CA/8788/2010 IN FA/2411/2010 WITH FA/2412/2010 WITH CA/8770/2010 IN FA/2412/2010 WITH FA/2413/2010 WITH CA/8772/2010 IN FA/2413/2010 WITH FA/2414/2010 WITH CA/8780/2010 IN FA/2414/2010 WITH FA/2415/2010 WITH CA/8776/2010 IN FA/2415/2010 WITH FA/2416/2010 WITH CA/8774/2010 IN FA/2416/2010 WITH FA/2417/2010 WITH CA/8768/2010 IN FA/2417/2010 WITH FA/2418/2010 WITH CA/8790/2010 IN FA/2418/2010 WITH FA/2420/2010 WITH CA/8796/2010 IN FA/2420/2010 WITH FA/2421/2010 WITH CA/8782/2010 IN FA/2421/2010 WITH FA/2422/2010 WITH CA/8784/2010 IN FA/2422/2010 WITH FA/2423/2010 WITH CA/8786/2010 IN FA/2423/2010 WITH FA/2424/2010 WITH CA/8792/2010 IN FA/2424/2010 WITH FA/2425/2010 WITH CA/8794/2010 IN FA/2425/2010 2 FIRST APPEAL NO.

2 FA 2419/2010 & Ors. WITH CA/7438/2010 IN FA/2727/2010 WITH FA/2728/2010 WITH CA/7477/2010 IN FA/2728/2010 WITH FA/2729/2010 WITH CA/7435/2010 IN FA/2729/2010 WITH FA/2730/2010 WITH CA/7441/2010 IN FA/2730/2010 WITH FA/2731/2010 WITH CA/7444/2010 IN FA/2731/2010 WITH FA/2732/2010 WITH CA/7453/2010 IN FA/2732/2010 WITH FA/2733/2010 WITH CA/7432/2010 IN FA/2733/2010 3 FIRST APPEAL NO.

1455 OF 2011 GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD NAMDEO PIRAJI SOLUNKE AND ANR WITH CA/1715/2011 IN FA/1455/2011 WITH FAST/34646/2010 WITH CA/1723/2011 IN FAST/34646/2010 WITH FA/1453/2011 WITH CA/1721/2011 IN FA/1453/2011 WITH CA/1720/2011 IN FA/1453/2011 WITH FA/1454/2011 WITH CA/1752/2011 IN FA/1454/2011 WITH CA/1751/2011 IN FA/1454/2011 WITH FA/1456/2011 WITH CA/1734/2011 IN FA/1456/2011 WITH CA/1733/2011 IN FA/1456/2011 WITH FA/1457/2011 WITH CA/1727/2011 IN FA/1457/2011 WITH CA/1728/2011 IN FA/1457/2011 WITH FA/1458/2011 WITH CA/1739/2011 IN FA/1458/2011 WITH CA/1740/2011 IN FA/1458/2011 WITH FA/1459/2011 WITH CA/1746/2011 IN FA/1459/2011 WITH CA/1745/2011 IN FA/1459/2011 WITH FA/1460/2011 WITH CA/1737/2011 IN FA/1460/2011 WITH CA/1736/2011 IN FA/1460/2011 WITH FA/1461/2011 WITH CA/1748/2011 IN FA/1461/2011 WITH CA/1749/2011 IN FA/1461/2011 WITH FA/1462/2011 WITH CA/1742/2011 IN FA/1462/2011 WITH CA/1743/2011 IN FA/1462/2011 WITH FA/1463/2011 WITH CA/1731/2011 IN FA/1463/2011 WITH CA/1730/2011 IN FA/1463/2011 WITH FA/1464/2011 WITH CA/1717/2011 IN FA/1464/2011 WITH CA/1718/2011 IN FA/1464/2011 4 FIRST APPEAL NO.

3 FA 2419/2010 & Ors. 5 FIRST APPEAL NO. 2330 OF 2016 THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION LATUR SAMBHAJI SADASHIV KENDRE AND ORS 6 FIRST APPEAL NO. 2331 OF 2016 THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION DIVISION LATUR DINKAR VYANKATRAO KENDRE AND ANR 7 FIRST APPEAL (STAMP) NO. 27859 OF 2014 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION LATUR UMAKANT NIVRUTTI KHALANGRE AND OTHERS

O R D E R

1.

All these first appeals are filed by the Executive Engineer, Latur, challenging the awards passed by the respective Reference Courts under section 18 of the Land Acquisition Act. Smt. Roopali Dagadu Thombare, Executive Engineer, Latur Minor Irrigation Division, Latur is present before the Panel of Lok Adalat. Appellant/Acquiring Body in group of First Appeal No. 2419 of 2010 with connected First Appeals is represented by Advocate Shri Shirish Sangle, in group of First Appeal No. 2692 of 2010 with connected First Appeals by Advocate

4 FA 2419/2010 & Ors. Shri Anil M. Gaikwad, in group of First Appeal No. 1455 of 2011 with connected First Appeals by Advocate Shri S.S. Tope, in First Appeal No. 3341 of 2015 by Advocate Shri B.R. Survase, in First Appeal (Stamp) No. 27859 of 2014 by Shri P.S. Patil and appellant in First Appeals No. 2330 of 2016 and 2331 of 2016 is represented by Smt. M.B. Gangwal.

2.

It is informed that in all these matters the appellant has deposited the amount of compensation as per the award passed under section 18 of the Land Acquisition Act alogwith interest accrued thereon. It is further informed that since in all these matters the Reference Court has determined the market value of the subject lands at the rate not exceeding four times of the ready reckoner rates prevailing on the date of acquisition, in view of the policy adopted by the Government vide Government Resolution No. Revenue & Forest Department - ladh.kZ & „Œƒ†@iz-dz- †ƒ/Hkkx& ƒ@v&† fnukad „3@„@„Œƒ‰ with corrigendum No. ladh.kZ & „Œƒ†@iz-dz- †ƒ/Hkkx& ƒ@v&† fnukad †@‡@„Œƒ‰] the appellant has now decided not to prosecute these appeals further.

3.

It is further contended that in majority matters, the claimants have already withdrawn amount of

5 FA 2419/2010 & Ors. compensation without any complaint leading to an inference that they have accepted the amount so deposited as per the award passed in their favour. In view of the above, all these matters stand finally settled and disposed of.

4.

The civil applications, if any shall stand disposed of.

5.

The amount, if any deposited by the appellant, if not yet withdrawn by the concerned respondents, it would be open for them to withdraw the same.

6.

The solvent surety or bank guarantee, etc. if any, submitted by original claimants while withdrawing amount earlier shall stand discharged.

7.

The appellant is entitled for the refund of court fees amount in accordance with law.

(K.B. Chaudhari) (A.T.A.K. Shaikh) ( P.R.BORA, ) ADVOCATE DISTRICT JUDGE(RETD.) JUDGE MEMBER MEMBER HEAD OF THE PANEL Date: 14th July, 2018 Place: Aurangabad