The Executive Engineer, Ltp Canal Div Latur v. Vishwanath Sabhu Shinde And ANR

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 13TH JULY, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 55 FIRST APPEAL NO.714 OF 2009 WITH FA/715/2009 WITH FA/716/2009 THE EX ENGINEER L T P CANAL DIVISION NO. II LATUR

VERSUS

GOVIND BHIMRAO USNALE AND ANR .....

59 FIRST APPEAL NO.744 OF 2014 WITH CA/8150/2009 IN FA/744/2014 THE EXECUTIVE ENGINEER, LTP CANAL DIV LATUR

VERSUS

VISHWANATH SABHU SHINDE AND ANR .....

60 CIVIL APPLICATION NO.11298 OF 2014 IN FAST/26352/2014 WITH CA/11299/2014 IN FAST/26352/2014 WITH CA/11325/2014 IN FAST/26466/2014 WITH CA/11326/2014 IN FAST/26466/2014 GODAVARI KHORE MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AND ANOTHER

VERSUS

GUNDAJI NIVRUTI MANE .....

62 FIRST APPEAL NO.2053 OF 2015 WITH CA/12140/2008 IN FA/2053/2015 THE EX ENGINEER L T P CANAL DIVISION NO. II LATUR

VERSUS

VENKAT NAGOBA ZARE AND ANR .....

63 FIRST APPEAL NO.3237 OF 2015 THE EX ENGINEER L T P CANAL DIVISION NO. II LATURTHE COURT OF LOK ADALAT

VERSUS

DAULA RAMJI MANE AND ANR 1 .....

Advocate for Appellant : Mrs. Geeta Deshpande AGP for State: Mr. B.V. Virdhe Advocate for Respondents-claimants : Mr. S.S. Manale

-2- (08)

O R D E R

1.

Shri Sanjay Vishnupant Jewlikar, Executive Engineer, Lower Terna Canal Division No.2 is present in person. Mrs. Deshpande, learned counsel appearing for the appellant acquiring body and Mr. Virdhe, learned A.G.P. for the State, on instructions from the aforesaid officer, who is present before the panel submit that the rate awarded by the impugned judgment and award passed by the Reference Court is less than four times of the rate awarded by the Special Land Acquisition Officer. In view of above, learned counsel Mrs. Deshpande, appearing for the appellant acquiring body, on instructions of the aforesaid officer, who is present before the panel and in tune with the Government Resolution dated 03.11.2016 and subsequent corrigendum dated 23.02.2017 and 13.08.2018 seeks leave to withdraw these first appeals. Though the respondentsclaimants are duly served in these first appeals, except Shri Manale, who appears in first appeal St. No. 26352 of 2014, none appears for the respondents-claimants in other appeals.

2.

Learned counsel Mrs. Deshpande, appearing for the appellant acquiring body on instructions submits that acquiring body has deposited entire amount of compensation as awarded at the

-3enhanced rate by the Reference court, in this Court. 3.

The Government has already taken policy decision to settle the dispute finally which squarely falls in the category as explained in the Government Resolutions dated 03.11.2016 and subsequent corrigendum dated 23.02.2017 and 13.8.2018. In view of the above, leave granted. All first appeals are disposed of as withdrawn. The Court Fees be refunded as per rules.

4.

The pending Civil Applications, if any, are also disposed of accordingly.

5.

The appellant acquiring body would be at liberty to initiate the proceedings for recovery of the payment of interest awarded under Sections 28 and 34 of Land Acquisition Act 1894 in terms of the ratio laid down by the Full Bench of this Court in the case of State of Maharashtra vs. Kailash Shiva Rangari, reported in 2016(4) ALL MR 513 (F.B.), judgment of learned Single Judge of this court in the case of State of Maharashtra vs Ramesh Tukaram Meshram and another, reported in 2018 (1) ALL MR 645 and unreported judgment of this court dated 5th March, 2018 in first appeal No. 483 of 2018 (State of Maharashtra and others vs. Pandharinath Govind Misal and others) and other connected appeals, if it is

-4applicable.

6.

The respondents original claimants are at liberty to file an application for bringing the legal heirs/representatives on record, if occasion so arises, even after disposal of the appeal/s. The amount, if paid in excess, the same shall be refunded to the acquiring body.

(K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 13.07.2019 Place: Aurangabad rlj/