Executive Engineer, Waghoor Dam Division, Jalgaon v. Laxman Tukaram Patil And Another

-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 15 FIRST APPEAL NO. 2892 OF 2015 WITH FA/2893/2015 WITH FA/2894/2015 SHASHIKALA VASUDEV NARKHEDE AND ANOTHER 16 FIRST APPEAL NO. 3024 OF 2015 WITH CA/7948/2015 IN FA/3024/2015 WITH FA/3057/2015 WITH CA/7954/2015 IN FA/3057/2015 WITH FA/3058/2015 WITH CA/7950/2015 IN FA/3058/2015 WITH FA/3059/2015 WITH CA/7929/2015 IN FA/3059/2015 WITH FA/3060/2015 WITH CA/7952/2015 IN FA/3060/2015 EXECUTIVE ENGINEER, WAGHOORHE COURT OF LOK ADALAT PROJECT DIVISION, JALGAON GOKUL CHANGO RANE AND ANOTHER 17 FIRST APPEAL NO.

3100 OF 2015 WITH CA/8528/2015 IN FA/3100/2015 WITH FA/3101/2015 WITH CA/8533/2015 IN FA/3101/2015 WITH FA/3102/2015 WITH CA/8530/2015 IN FA/3102/2015 EXECUTIVE ENGINEER, WAGOOR PROJECT DIVISION, JALGAON KAMALBAI SHAMLAL PATIL AND ANOTHER 18 FIRST APPEAL NO. 3113 OF 2015 WITH CA/11258/2015 IN FA/3113/2015 WITH FA/3114/2015 WITH CA/11262/2015 IN FA/3114/2015 WITH FA/3115/2015 WITH CA/11260/2015 IN FA/3115/2015 WITH FA/3116/2015 WITH CA/11264/2015 IN FA/3116/2015 RAVINDRA CHUDAMAN KHACHANE AND ANOTHER 19 FIRST APPEAL NO.

-2DAMU DAGADU DHAKE DECEASED THR LRS INDUBAI DAMU DHAKEAND OTHERS 20 FIRST APPEAL NO. 3181 OF 2015 WITH CA/11250/2015 IN FA/3181/2015 WITH FA/3182/2015 WITH CA/11252/2015 IN FA/3182/2015 EXECUTIVE ENGINEER, WAGHOOR DAM DIVISION, JALGAON NATHU GOBA PATIL DECEASED THR LRS LILADHAR NATHU PATIL AND OTHERS 21 FIRST APPEAL NO. 3184 OF 2015 WITH CA/11244/2015 IN FA/3184/2015 WITH FA/3185/2015 WITH CA/11242/2015 IN FA/3185/2015 EXECUTIVE ENGINEER, WAGHOOR DAM DIVISION, JALGAON LAXMAN TUKARAM PATIL AND ANOTHER 22 FIRST APPEAL NO. 3186 OF 2015 WITH FA/3187/2015 WITH CA/8037/2015 IN FA/3187/2015 RAVINDRA RAMDAS PATIL AND ANOTHER 23 FIRST APPEAL NO. 3188 OF 2015 WITH CA/9158/2015 IN FA/3188/2015 WITH FA/3189/2015 WITH CA/9160/2015 IN FA/3189/2015 SHRIKANT LALA JAWALE AND ANOTHER 24 FIRST APPEAL NO. 3190 OF 2015 WITH CA/9543/2015 IN FA/3190/2015 MORSING ZAMA JADHAV DECEASED THR LEGAL HEIRS SURESH MORSING JADHAV AND OTHERS 25 FIRST APPEAL NO. 3192 OF 2015

-3WITH CA/8118/2015 IN FA/3192/2015 WITH FA/3193/2015 WITH CA/8120/2015 IN FA/3193/2015 WITH FA/3194/2015 WITH CA/8126/2015 IN FA/3194/2015 WITH FA/3195/2015 WITH CA/8124/2015 IN FA/3195/2015 WITH FA/3196/2015 WITH CA/8122/2015 IN FA/3196/2015 VITTHAL MADHAV PATIL AND ANOTHER 26 FIRST APPEAL NO. 3243 OF 2015 WITH CA/11575/2015 IN FA/3243/2015 WITH FA/3245/2015 WITH CA/11577/2015 IN FA/3245/2015 SHRIDHAR SADASHIV RANE DECEASED THR LRS SHASHIKANT SHRIDHAR RANE AND OTHERS Advocate for Appellant : Mrs. Kutti Choudhary Chaitali R. Advocate for Respondents-claimants : Mr. A.B. Kale AGP for Respondent-State authority: Mr. S.S. Dande .....

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O R D E R

1.

Shri Pralhad Pandurang Warade, Executive Engineer, Waghur Dam Division, Jalgaon and Shri Ramsing Sulane, the Special Land Acquisition Officer No.1, Jalgaon are present in person. Mrs. Chaitali P. KuttiChaudhari, learned counsel appearing for the appellant-acquiring body, Mr. A. B. Kale, learned counsel for respondents-original claimants and Mr. S.S. Dande, learned AGP for respondent-State authority are also present. 2.

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. 3.

On instructions from the above officers, who are present before the

-4panel, learned counsel Mrs. Kutti, in tune with the Government Resolution dated 03.11.2016 and the subsequent Corrigendum dated 23.02.2017, seeks leave to withdraw these First Appeals.

4.

In terms of the award passed by the Reference Court, the acquiring body 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 read with Corrigendum dated 23.02.2017, leave granted. All the aforesaid First Appeals are disposed of as withdrawn. The amount, if paid in excess, the same shall be refunded to the acquiring body. 5.

The Court Fees be refunded as per rules.

6.

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/