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Bombay High CourtFA/4291/2016compramised

The Executive Engineer, Lower Dudhana Project, Selu Thr G.M.I.D.C. Aurangabad v. Datta Haribhau Raut And ORS

2019-03-17Shri Justice J P Devadhar3 pages

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI HELD ON 17TH MARCH, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 59 FIRST APPEAL NO.4290 OF 2016 ...

60 FIRST APPEAL NO.4291 OF 2016 ...

61 FIRST APPEAL NO.4327 OF 2016 WITH CA/158/2019 IN FA/4327/2016 ...

62 FIRST APPEAL NO.4328 OF 2016 ...

63 FIRST APPEAL NO.4329 OF 2016 ...

64 FIRST APPEAL NO.4332 OF 2016 ...

65 FIRST APPEAL NO.4333 OF 2016 ...

66 FIRST APPEAL NO.4334 OF 2016 ...

67 FIRST APPEAL NO.4335 OF 2016 ...

68 FIRST APPEAL NO.4435 OF 2016 ...

69 FIRST APPEAL NO.4436 OF 2016 ...

59-69 and 77 77 FIRST APPEAL NO.5033 OF 2017 ...

O R D E R

Advocate Mr. S.G. Bhalerao is appearing for appellant/acquiring body. Mr. P.B. Jadhav, Executive Engineer, Jalna Irrigation Division, Jalna is also present. Advocate Mrs. Sujata L. Puri is present for respondent No.1. Mr. G.O. Wattamwar, AGP for the State is also present. Pursis has been filed by them. It is marked as Exh.'X'. In view of the said compromise the appeals are disposed of as withdrawn. Award/Decree be drawn up in terms of the compromise. In view of the compromise refund of Court fees would be as per rules.

Deficit Court fee, if any, be paid forthwith. Pending Civil Applications, if any, be disposed of. Statement is also made that 75% amount is already withdrawn by the claimants. In view of the fact that interest is to be calculated as per the decision of the Full Bench in State of Maharashtra vs. Kailash Shiva Rangari, 2016 (4) All M.R., 513 (F.B.) and State of Maharashtra vs. Ramesh Tukaram Meshram and another, 2018 (1)

59-69 and 77 All M.R., 645. Remaining amount, if any, towards claimants, be given to the claimants and if there is excess amount, then it should be refunded to the acquiring body along with interest accrued. (K.B. Choudhari) (V.B. Mantri) (Smt. Vibha Kankanwadi, J.) Advocate D.J. (Retd.) Head of the Panel.

Member Member Date :17.03.2019.

Place : Aurangabad.

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