Executive Engineer, Dhule Medium Project Divt.1 v. Anandabai Onkarsing Girase And ORS

1 PB Sr.Nos. 29, 30, 31, 32, 33, 34, 34.1. 34.2. 35 ,

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. 29, 30, 31, 32, 33, 34, 34.1, 34.2, 35, 35-A, 35-B and 35-C 29 X-OBJECTION (STAMP) NO.1788 OF 2014 IN FA/1346/2009 DIWAN NIMBA GIRASE THE STATE OF MAHARASHTRA & OTHERS.

30 X-OBJECTION (STAMP) NO.25002 OF 2016 IN FA/3099/2016 NARAYANSING TODARSING GIRASE AND ANR THE STATE OF MAHARASHTRA AND ORS 31 X-OBJECTION (STAMP) NO.23417 OF 2018 IN FA/1269/2013 ANANDABAI ONKARSING GIRASE AND ANR THE STATE OF MAHARASHTRA AND ANR 32 X-OBJECTION (STAMP) NO.38751 OF 2019 IN FA/3031/2019

2 PB Sr.Nos. 29, 30, 31, 32, 33, 34, 34.1. 34.2. 35 , MANGA HAMBERSING GIRASE THE STATE OF MAHARASHTRA AND ORS 33 X-OBJECTION (STAMP) NO.38835 OF 2019 IN FA/1675/2010 MANGALSINGH ADHARSINGH GIRASE AND ORS THE SPECIAL LAND ACQUISITION OFFICER, MEDIUM IRRIGATION PROJECT, DHULE ORS 34 X-OBJECTION (STAMP) NO.40243 OF 2019 IN FA/3931/2019 WITH X-OBJST/40242/2019 IN FA/3932/2019 WITH X-OBJST/40244/2019 IN FA NO. 3937 OF 2019 RAVINDRASING GULABSING GIRASE THE STATE OF MAHARASHTRA AND ORS 35 X-OBJECTION (STAMP) NO.40628 OF 2019 IN FA/996/2019 CHANDRASING BANDU GIRASE AND ANR THE STATE OF MAHARASHTRA AND ORS

3 PB Sr.Nos. 29, 30, 31, 32, 33, 34, 34.1. 34.2. 35 , FIRST APPEAL NO. 996 OF 2019 EXECUTIVE ENGINEER, MEDIUM PROJECT, DIVN. NO. 1, DHULE CHANDARSING BANDU GIRASE FIRST APPEAL NO. 987 OF 2019 (35-A - Not on Board. Taken on Board) EXECUTIVE ENGINEER, MEDIUM PROJECT, DIVN. NO. 1, DHULE BHIKABAI CHANDRASING GIRASE FIRST APPEAL NO. 934 OF 2010 (35-B- Not on Board. Taken on Board) EXECUTIVE ENGINEER, MEDIUM PROJECT, DIVN. NO. 1, DHULE INDUBAI GANGARAM SUTAR (DIED) LRS.

FIRST APPEAL NO. 556 OF 2009 (35-C- Not on Board. Taken on Board) INDARSING DALPATSING GIRASE THE STATE OF MAHARASHTRA AND ANR.

4 PB Sr.Nos. 29, 30, 31, 32, 33, 34, 34.1. 34.2. 35 ,

O R D E R

1.

Mr A.B. Kale, Learned Counsel for the Appellants/claimants, Mr Devendra Dinanath Joshi, Executive Engineer, Dhule Medium Project, Dhule Division, Dhule, Mr Pramod Bhamre, Special Land Acquisition Ofcer, Dhule, Mr S.S. Dande, AGP for State and Mr A.D. Pawar, Advocate for for Acquiring Body are present. 2.

All these appeals are arising out of the acquisitions made for Wadishewadi Medium Project, Tal. Sindhkheda, Dist. Dhule. The lands in these matters involved are from village Wadi. 3.

The present appeals are fled by the Acquiring Body, thereby, challenging the Judgment and Award passed by the Reference Court.

4.

The original claimants have also fled the cross objections, seeking enhancement in the amount of compensation. However, the cross objections are still on stamp numbers, but the same are part of compromise marked as 'X'.

5.

The parties have submitted from compromise chart/statement stating therein as to how compromise is arrived at. The chart/statement of compromise is taken on record and marked as 'X' for identifcation.

5 PB Sr.Nos. 29, 30, 31, 32, 33, 34, 34.1. 34.2. 35 , 6.

Mr A.D. Pawar, the learned Counsel for Acquiring Body placed on record a copy of letter given by the Managing Director, Tapi Patbandhare Vikas Mahamandal, Jalgaon dated 5th July, 2018 to the efect that for the acquired lands of village Wadishewadi Medium Project, the Acquiring Body has agreed to enhance the compensation @ Rs. 2,00,000/- per hectare for non-irrigated land (Giryat lands) and @ Rs. 4,00,000/- per hectare for irrigated lands (Bagayat lands) with statutory benefts and accordingly, matters are settled. The copy of the said letter is taken on record and marked as 'Y' for identifcation.

7.

The claimants are not present before the Panel but they are duly represented by their Advocate. Mr A.B. Kale, Advocate for the claimants/appellants undertakes to produce authority letters of the respective claimants within a period of two weeks from today. 8.

In view of the terms of settlement arrived between the parties, the claimants would be entitled to get 30 % solatium and 12 % component on the settled amount and interest would be calculated thereon till December, 2018. Thereafter, the claimants would not be entitled to get interest till the date of actual payment.

9.

The appeals and cross objections are accordingly disposed of.

6 PB Sr.Nos. 29, 30, 31, 32, 33, 34, 34.1. 34.2. 35 , 10.

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

11.

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

12.

It is agreed between the parties that in view of decision in case of State of Maharashtra Vs Kailash Shiva Rangari reported in [2016 (4) ALL MR 513 (F.B.)], the claimants would be entitled to get interest under section 34 of the Land Acquisition Act from the date of award.

13.

The respondents shall pay the above stated amount of compensation/settlement amount within a period of one year from the date of this order. In case of failure, the claimants shall be entitled to claim statutory interest thereon. 14.

The amount shall be deposited with Reference Court within above mentioned period. The claimants are at liberty to withdraw the said amount.

(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