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Bombay High CourtWP/8466/2019disposed offdismissed for default

Vikas Tapiram Patil v. The Collector Jalgaon

2019-08-27Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8256 OF 2019 WITH WP/8465/2019 WITH WP/8466/2019 WITH WP/8467/2019 WITH WP/8468/2019 ABID ALI SHAUKAT ALI

VERSUS

THE COLLECTOR JALGAON AND OTHERS Mr.G.V.Wani, Advocate for the petitioners.

Mr.S.R.Yadav, AGP for respondent Nos. 1 and 2. Mrs.Chaitali Choudhary Kutti, Advocate for respondent No.3. ( CORAM : Ravindra V.Ghuge, J.) DATE : 27/08/2019 PER COURT :

1.

I have considered the submissions of the learned Advocates for the petitioners, the learned AGP and the learned Advocate on behalf of the Acquiring Body. Issue is as regards the National Lokadalat held on 08/09/2018 at the High Court Legal Services SubCommittee at Aurangabad. These matters were disposed off by the compromise terms. The panel members have signed the compromise order and the first appeals were accordingly disposed off. 2.

The document at page No.35 is pointed out. It is jointly submitted that the column, which should be found at the end of the chart on the right side indicating the rate at which the compromise terms have been agreed upon, is completely missing. The learned

- 2 - Advocate for the petitioners and the learned Advocate for the Acquiring Body confess that it was purely by oversight that the said column was missing and nobody noticed it.

3.

It is undisputed that house properties are involved in four matters. The learned Advocate for the petitioners and the learned Advocate for the Acquiring Body jointly submit that the Lokadalat award dated 08/09/2018 be set aside and the first appeals be restored to the file and the parties can move the First Appellate Court.

4.

It is pointed out that in the last WP No.8468/2019 in the case of Manohar Tapiram Patil Vs. The Collector and others, he would be covered by the judgment delivered by the learned Division Bench of this Court in the matter of Special Land Acquisition Officer and another Vs. Bhagwat Vitthal [2009(4) Mh.L.J. 308] and a decree can be drawn in the first appeal.

5.

In view of the above, these petitions are allowed by consent and the Lokadalat order dated 08/09/2018 is set aside by consent. The First Appeal Nos.4512/2017 to 4516/2017 shall stand restored to the file. The parties are at liberty to approach the learned Court

- 3 - dealing with the first appeals for appropriate orders. ( Ravindra V.Ghuge, J.)