Radhabai Uttamrao Late Died Thr Legal Heirs Alaknanda And ANR v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 FIRST APPEAL NO.2740 OF 2016 Vishvanath s/o. Narayan Late Age 55 years, Occ. Agriculture, R/o. Devla, Taluka Partur District Jalna.

Through the Collector, Jalna.

Officer, (M.I.W.) Jalna.

FIRST APPEAL NO.2905 OF 2015 Kamalbai Raosaheb Late Age-41 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2908 OF 2015 Vitthal Narayan Late, Age-49 Years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.2910 OF 2015 Ganesh Haribhau Late, Age-49 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2911 OF 2015 Mahadev Haribhau Late, Age-62 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2912 OF 2015 Raosaheb Haribhau Late, Age-43 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.2913 OF 2015 Mahadev Bapurao Late, Age-80 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2914 OF 2015 1] Mahadev Haribhau Late, Age-62 years, Occ-Agri.

2] Raosaheb Haribhau Late, Age-57 Years, Occu-Agri.

Both above are R/o.Village-Devla, Taluka-Partur,District-Jalna ..APPELLANTS

FIRST APPEAL NO.2915 OF 2015 Vitthal Shesherao Late (died) through his legal heirs.

Ramprasad Vitthalrao Late, Age: 33 yrs. Occu.Agril.

Bhagwan Vitthalrao Late, Age 29 yrs. Occu.Agril.

Vilas Vitthalrao Late, Age: 25 yrs. Occu.Agril.

4.

Swarupabai Vitthalrao Late, Age: 50 yrs. Occu. Housewife, All R/o. Deola, Tq.Partur, Dist. Jalna.

..APPELLANTS

FIRST APPEAL NO.3231 OF 2015 Bhaskar Sahebrao Late (died) through L.Rs.

Kalyan Bhaskarrao Late, Age-24 Years, Occu-Agri.

Govind Bhaskarrao Late, Age-21 Years, Occu-Agri.

Mandakini Bhaskarrao Late, Age-42 years, Occu-Agri.

All above are R/o.village-Devla, Tq.Partur, Dist. Jalna.

..APPELLANTS

FIRST APPEAL NO.3411 OF 2015 Ramprasad Vithalrao Late, Age-27 years, Occ-Agri.

R/o. Village-Deola, Taluka-Partur, FIRST APPEAL NO.249 OF 2016 Dnyaneshwar Uttamrao Late, Age-42 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.250 OF 2016 Bhaskar Bapurao Late, Age-42 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.619 OF 2016

Bapu Santoba Late, Age-74 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.620 OF 2016 Uttam Madhavrao Late, Age-80 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.621 OF 2016 Indar Tulshiram Late, Age-50 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.1053 OF 2016 Dnyaneshwar Raosaheb Late, Age-32 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.2414 OF 2016 Shivaji Raosaheb Late, Age-35 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2482 OF 2016 Sarjerao Tulshiram Late, Age-55 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.2483 OF 2016 Prabhu @ Prabhakar Ashruba Late, Age-38 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2484 OF 2016 Kasinath Nivrutti Late, Age-41 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2486 OF 2016 Satyashila Asaram Pawar, Age-53 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.2487 OF 2016 Anna Tulshiram Late, Age-55 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2488 OF 2016 Shankar Anna Late, Age-38 years, Occ-Agri.

R/o. Village-Deola, Taluka-Partur, (Lasica), Jalna. .. RESPONDENTS

FIRST APPEAL NO.2741 OF 2016 Indumati Vithal Late, Age-39 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.2742 OF 2016 Kushavartabai Vishvanath Late, Age-49 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2743 OF 2016 Annapurnabai Uttamrao Late, Age-70 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.2744 OF 2016

Kasibai Bhanudas Late, Age-53 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.2745 OF 2016 Haribhau Bhaurao Late (Died) Through L.Rs.

Mahadev Haribahu Late, Age-64 Years, Occ-Agri.

Raosaheb Haribahu Late, Age-61 years, Occ-Agri.

Ganesh Haribahu Late, Age-55 Years, Occ-Agri.

All above is R/o.Village-Devla, Taluka-Partur, Dist-Jalna.

4.

Antikabai Bharatrao Kadam, Age-58 Years, Occ-Housewife, R/o. Village-Partur, Taluka-Partur, Dist-Jalna ..APPELLANTS FIRST APPEAL NO.2746 OF 2016 Swarupabai Vithalrao Late, Age-54 years, Occ-Agri.

R/o. Village-Deola, Taluka-Partur,

FIRST APPEAL NO. 2747 OF 2016 Shyamrao Janrao Pawar (Died through L.Rs.) Asaram Shyamrao Pawar, Age-58 Years, Occ-Agri.

Shivaji Shyamrao Pawar, Age-50 Years, Occ-Agri.

Both above are R/o. Village-Devla, Taluka-Partur, Dist-Jalna. ..APPELLANTS

FIRST APPEAL NO.2748 OF 2016 Ansabai Madhavrao Late Died through L.Rs.

Uttamrao Madhavrao Late, Age-65 yrs. Occ-Agri.

Nivrutti Madhavrao Late, Age-60 Yrs. Occ-Agri.

Both above are R/o. Village-Deola, Taluka Partur, District-Jalna.APPELLANTS FIRST APPEAL NO.2792 OF 2016

Prabhakar Bhaurao Late, Age-44 years, Occ-Agri.

R/o. Village-Deola, Taluka-Partur, FIRST APPEAL NO.2793 OF 2016 Dinkar Bhaurao Late, Age-42 years, Occ-Agri.

R/o. Village-Deola, Taluka-Partur,

FIRST APPEAL NO.2795 OF 2016 Jagannath Ganeshrao Late, Age-32 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur, FIRST APPEAL NO.2796 OF 2016 Nivrutti Madhavrao Late, Age-60 years, Occ-Agri.

R/o. Village-Deola, Taluka-Partur,

FIRST APPEAL NO.2797 OF 2016 Rameshwar Nivrutti Late, Age-44 years, Occ-Agri.

R/o. Village-Deola, Taluka-Partur,

FIRST APPEAL NO.2798 OF 2016 Balasaheb Mahadev Late, Age-38 years, Occ-Agri.

R/o. Village-Deola, Taluka-Partur, FIRST APPEAL NO.2799 OF 2016 Laxman Nivrutti Late, Age-36 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2800 OF 2016 Prabhu Bhanudas Late, Age-44 years, Occ-Agri.

R/o. Village-Devla, Taluka-Partur,

FIRST APPEAL NO.2802 OF 2016 Sumanbai Bhaurao Late, Age-65 years, Occ-Agri.

R/o. village-Deola, Taluka-Partur, FIRST APPEAL NO.2803 OF 2016 Sumanbai Nivrutti Late, Age-64 years, Occ-Agri.

R/o. village-Deola, Taluka-Partur,

FIRST APPEAL NO.2804 OF 2016 Kamalbai Anna Late, Age-60 years, Occ-Agri.

R/o. Village-Deola, Taluka-Partur, FIRST APPEAL NO.428 OF 2017

Bhaurao Sheshrao Late, Age-68 years, Occ-Agri.

R/o. village-Deola, Taluka-Partur, FIRST APPEAL NO.432 OF 2017 Radhabai Uttamrao Late (Died) through legal heirs Alaknanda Balasaheb Pawar, Age-Major, Occu-Agri.

Balasaheb Bhagwanrao Pawar, Age-Major, Occu-Agri.

Both above are R/o.Nathnagar, Tq. & Dist-Parbhani.

..APPELLANTS

...

Mr.Deepak M.Kakade, Advocate for the appellants-claimants in all appeals.

Mr.S.S.Dande, AGP for the respondent - State in all Appeals.

Mr.Sudhir Bhalerao, Mr.Ruturaj Patil, Mr.S.C.Arora, Mr.B.R.Surwase, Mr.S.G.Sangale and Mrs.Ranjana Reddy, Advocates for the respondent - acquiring body.

...

CORAM : V.L.ACHLIYA,J.

DATE : 28.07.2020 P.C.

1] Heard learned counsel for the appellants-claimants, the learned AGP representing respondent-State and counsel representing respondent-acquiring body in respective appeals.

2] Learned counsel for the appellantsclaimants and the advocates representing the respondent-acquiring body in respective appeals submit that the appellants-claimants and respondent-acquiring body have decided to mutually settle the dispute raised in appeals filed for enhancement of compensation. In terms of the settlement, the appellantsclaimants and respondent-acquiring body have filed compromise pursis in respective appeals. The terms of compromise filed on record are signed by the appellants-claimants in respective appeals as well as Officer of respondent-acquiring body.

3] Learned advocates submit that terms of compromise are also signed by the advocate representing the appellants-claimants as well as the advocates representing the respondentacquiring body. The terms of compromise are duly verified and affirmed by the appellants-

claimants in respective appeals. The terms of compromise filed in each of appeal are marked as 'X' for identification.

4] Learned counsel for the appellantclaimants submit that in terms of order dated 09.07.2020 passed by this Court [Coram : B.U.Debadwar, J.], the appellants-claimants as well as official of respondent-acquiring body i.e. signatories to respective appeals appeared before the Registrar [Judicial] for the purpose of identification and verification of terms of compromise.

5] The Registrar [Judicial] confirms that pursuant to the directions given, the appellants-claimants in respective appeals along with their advocate Mr.D.M.Kakade as well as Executive Engineer, Jalna Irrigation Division, Jalna representing respondent acquiring body appeared along with their respective advocates. Identity of parties

verified on the basis of the original Aadhar Cards produced by them for inspection. The terms and conditions in the compromise pursis filed in respective appeals were read over and explained to them. They have admitted the recitals made in the compromise pursis as well as their signatures / thumb impression endorsed on the compromise pursis. On enquiry they have stated that they have signed on the compromise pursis voluntarily and no force or fraud played upon them to settle the matter.

6] The composite report of verification of compromise pursis and identification of parties submitted by the Registrar [Judicial] kept in First Appeal No.2740 of 2016 is marked as 'Y' for identification.

7] On due consideration of the submissions advanced in the light of terms of compromise entered between the parties and the report of Registrar [Judicial] submitted

in the matter, I am of the view that, settlement reached between the parties appears to be voluntary and in the interest of the parties. In that view, appeals deserve to be disposed of in terms of compromise entered between the parties. Accordingly, following order is passed :

ORDER

I] Appeals are disposed of in terms of compromise pursis filed in respective appeals i.e. compromise pursis filed and marked as 'X' for identification in respective appeals. II] The award be drawn in terms of the compromise pursis filed in each of the appeals.

III] The additional court fees, if any, required to be payable in terms of the award shall be paid by the appellant-claimants in respective appeals within eight [8] weeks from the date of this order.

IV] The respondent-acquiring body shall deposit the amount in terms of the compromise

pursis filed in respective appeals. The amount shall be deposited in this Court within time mentioned in compromise pursis.

V] On deposit of amount, the appellants-claimants in respective appeals will be at liberty to withdraw amount on furnishing undertaking to the satisfaction of the Registrar [Judicial] that in case any dispute arose as to entitlement of the appellants-claimants to receive the amount and if this Court directs the redeposit of amount withdrawn or part thereof then appellants shall deposit the same within eight weeks from date of passing of such order.

VI] The appellants-claimants are granted liberty to make an application seeking refund of court fees, if permissible under relevant Rules. In case such application is made, the Registrar [Judicial] shall pass the appropriate orders in that behalf.

VII] All the Applications filed and pending in respective Appeals stand disposed of in terms of the order in appeals.

VIII] Appeals are disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC