The Executive Engineer Latur Medicum Project Latur v. Virbas Shivraj Mirche And Another

1 FAST 20785/2013 & Ors.

IN THE NATIONAL LOK ADALAT

PRESIDED OVER BY HON'BLE SHRI JUSTICE P.R.BORA, HELD ON 14 th JULY, 2018 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD

9. FIRST APPEAL (STAMP) NO. 20785 OF 2013 WITH CA/1835/2014 WITH CA/1836/2014 IN FAST/20785/2013 THE EXECUTIVE ENGINEER LATUR MEDICUM PROJECT LATUR

VERSUS

VIRBAS SHIVRAJ MIRCHE AND ANOTHER WITH

8. FIRST APPEAL NO. 2112 OF 2011 THE STATE OF MAHARASHTRA

VERSUS

SUBHASH GANYABA PAWAR

O R D E R

1.

All these appeals are filed by the Executive Engineer, Latur Medium Project, Latur, challenging Awards passed by the Reference Courts in respective land acquisition references.

2.

Shri A.S. Pawar, Executive Engineer of the appellant/Acquiring Body is present before the Court. Appellant is represented by learned Advocate Shri Giri. Assistant Government Pleader Shri Fule is also present.

2 FAST 20785/2013 & Ors. 3.

It is informed that the Acquiring Body has deposited entire amount of compensation under the award passed by the Reference Court alongwith interest accrued thereon.

4.

Advocate Smt. S.L. Puri is present for Advocate Shri U.P. Giri as well as Advocate Shri N.B. Khandare, who are counsel for the appellant. It is informed that the appellant has now decided not to proceed with the present appeals in view of the Government Resolution (Revenue and Forest Department) No. - ladh.kZ & „Œƒ†@iz-dz- †ƒ/Hkkx& ƒ@v&† fnukad „3@„@„Œƒ‰ with corrigendum to the said Govt. Resolution vide No. ladh.kZ & „Œƒ†@iz-dz- †ƒ/Hkkx& ƒ@v&† fnukad †@‡@„Œƒ‰- It is further informed that the market value of the subject lands determined by the Reference Court is less than four times of the ready reckoner rates prevailing as on date of acquisition. In such circumstances, in view of the Government Resolution referred above, the Acquiring Body has now resolved not to prosecute these appeals further.

5.

The learned Counsel, who is appearing for respondents i.e. original claimants in all these matters submits that whatever amount has been deposited by the

3 FAST 20785/2013 & Ors. appellant is accepted by respondents by way of full and final settlement of the award passed by the Reference Court in their favour.

6.

In view of the above, the present appeals stand settled and disposed of.

7.

Amount deposited by the appellant if not yet withdrawn by the original claimants either in full or part, it would be open for them to withdraw the same. 8.

Security, etc. submitted by the claimants for earlier withdrawal shall stand discharged.

9.

The appellant will be entitled for the refund of Court fee in accordance with law.

10.

Pending Civil Applications, if any, stand disposed of.

(K.B. Chaudhari) (A.T.A.K. Shaikh) ( P.R.BORA, ) ADVOCATE DISTRICT JUDGE(RETD.) JUDGE MEMBER MEMBER HEAD OF THE PANEL Date: 14th July, 2018 Place: Aurangabad