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Bombay High CourtFA/3437/2018disposed offdismissed for default

The Maharashtra Krushna Valley Development Corpn Thr Exe Engineer Med Pro Divn O.Bad v. Kasturabai Rohidas Shinde And ANR

2018-09-08Shri Justice J P Devadhar4 pages

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 8TH SEPTEMBER, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 3116 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) SOMNATH PANDURANG SHELKE ...

FIRST APPEAL NO. 3117 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) VITTHAL PANDURANG SHELKE ...

FIRST APPEAL NO. 3118 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) SHRIHARI SOMNATH SHELKE ...

FIRST APPEAL NO. 3120 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) KRUSHNAI SOMNATH SHELKE FIRST APPEAL NO. 442 OF 2018 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) SHANKAR VITTHAL SHELKE ...

FIRST APPEAL NO. 1763 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) MAHARUDRA SARJERAO SHELKE FIRST APPEAL NO. 441 OF 2018 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) HARIDAS SARJERAO SHELKE ...

-2FIRST APPEAL NO. 439 OF 2018 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) PRABHAKAR MAHARUDRA SHELKE FIRST APPEAL (ST.) NO. 7305 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) AMBAHARSHI BHAGWAN JADE FIRST APPEAL (ST.) NO. 7551 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) VASUDEV RAMA PAWAR FIRST APPEAL (ST.) NO. 7527 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) HARIDAS BHIMRAO MALI FIRST APPEAL (ST.) NO. 7535 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) AKSHAY MAHADEV MALI FIRST APPEAL (ST.) NO. 7543 OF 2017 M.K.V.D.C. PUNE (WANGI JAWALA STORAGE TANK) DADARAO EKNATH MALI FIRST APPEAL (STAMP) NO. 16564 OF 2016 M.K.V.D.C. PUNE (PARGAON STORAGE TANK) DATTU NAMDEV BHANGE ...

FIRST APPEAL (STAMP) NO. 16630 OF 2016 M.K.V.D.C. PUNE (PARGAON STORAGE TANK) KASTURBAI SHINDE ...

FIRST APPEAL (STAMP) NO. 11187 OF 2017 M.K.V.D.C. PUNE (PARGAON STORAGE TANK) BALBHIM SAWALA BHORADE

-3FIRST APPEAL NO. 754 OF 2018 M.K.V.D.C. PUNE (SINA KOLEGAON PROJECT) SADASHIV VITHOBA MORE Adv. for Appellant : Mr. R.C.Patil, Mr. S.G. Karlekar, Mr.G.B. Rajale & Mr. A.M. Gaikwad, Advocate for Respondents-State : Mr. A.M. Phule Advocate for the respondent-claimants: Mr. C.K. Shinde and Mr. E. S. Murge (17)

O R D E R

1.

Not on board. Taken on board.

2.

Shri A. A. Palwankar, Sub Divisional Officer, Shri Shirish Yadav, Deputy Collector (Land Acquisition) are present in person before the panel, in respective matters. Mr. Ruturaj Patil, Mr. S.G. Karlekar, Mr. G.B. Rajale and Mr. A.M. Gaikwad, learned counsel appearing for the appellantacquiring body in respective matters, Mr. A.M. Phule, learned AGP for respondent-State authority and Mr. C.K. Shinde and Mr. E.S. Murge, learned counsel for the respondents-original claimants, in respective matters, are also present.

3.

Mr. Ruturaj Patil, Mr. S.G. Karlekar, Mr. G.B. Rajale and Mr. A.M. Gaikwad, learned counsel appearing for the appellant-acquiring body in respective matters, on instructions from the aforesaid officer, submit that the rate awarded by the impugned judgment and award passed by the reference court is within four times of the rate awarded by the S.L.A.O. The Government has taken decision to settle the dispute finally which squarely falls in the category as explained in Government Resolution dated 03.11.2016 and subsequent corrigendum dated 23.02.2017.

-44.

On instructions from the above officers, who are present before the panel in respective matters, learned counsel for the acquiring body, in tune with the Government Resolution dated 03.11.2016 and the subsequent Corrigendum dated 23.02.2017, seek leave to withdraw these First Appeals.

5.

In terms of the award passed by the Reference Court, the acquiring body in some of the matters, has deposited the amount of compensation as awarded at the enhanced rate by the reference Court and further the acquiring body has also taken decision to settle the dispute finally, which squarely falls in the category of Government Resolution dated 03.11.2016 and subsequent corrigendum dated 23.02.2017. In view of above, leave granted. All the aforesaid First Appeals are disposed of as withdrawn. 6.

The Court Fees be refunded as per rules.

7.

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

(K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 08.09.2018 Place: Aurangabad rrd/