The Special Land Acquisitiion Officer-1, Jalgaon And ANR v. Shankar Gobji Wagh Died Thr Lrs Ravsaheb Shankar Wagh And ORS

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 11.02.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 17 FIRST APPEAL NO.1382 OF 2015 WITH FA/1385/2015 WITH FA/1383/2015 WITH FA/1384/2015 THE STATE OF MAHARSHTRA AND ORS SUBHADRABAI RATAN PATIL 18 FIRST APPEAL NO.2112 OF 2015 THE STATE OF MAHARASHTRA AND ORS JAISING LUMSING PARDESHI 19 FIRST APPEAL NO.3961 OF 2017 THE STATE OF MAHARASHTRA AND ANOTHER SHRIDHAR ONKAR PATIL, L.RS. RUKHMABAI AND OTHERS 20 FIRST APPEAL NO.27 OF 2023 WITH FA/30/2023 WITH FA/31/2023 WITH FA/32/2023 WITH FA/29/2023 WITH FA/28/2023 THE COLLECTOR JALGAON AND ORS CHIMANSING CHAWDAS PARDESI 21 FIRST APPEAL NO.270 OF 2023 WITH CA/4578/2012 IN FA/270/2023 KADU DAGADU CHAUDHARI, DIED THR. L.RS. SWAPNIL AND ORS

( 2 ) 22 FIRST APPEAL NO.271 OF 2023 WITH CA/4554/2012 IN FA/271/2023 BHILA HIRAMAN PATIL 23 FIRST APPEAL NO.292 OF 2023 WITH CA/4940/2012 IN FAST/8440/2012 WITH CA/4941/2012 IN FAST/8440/2012 WITH CA/4953/2012 IN FA/292/2023 WITH FA/293/2023 WITH CA/4951/2012 IN FA/293/2023 WITH FA/294/2023 WITH CA/4949/2012 IN FA/294/2023 WITH CA/4946/2012 IN FAST/8456/2012 WITH CA/4947/2012 IN FAST/8456/2012 WITH CA/4944/2012 IN FAST/8459/2012 WITH CA/4945/2012 IN FAST/8459/2012 WITH CA/4942/2012 IN FAST/8463/2012 WITH CA/4943/2012 IN FAST/8463/2012 THE SPL LAND ACQUISITION OFFICER AND ANR PRALHAD GURUMUKH CHAVAN 25 CIVIL APPLICATION NO.11360 OF 2011 IN FAST/17810/2011 WITH CA/11362/2011 IN FAST/17792/2011 WITH CA/11363/2011 IN FAST/17792/2011 WITH CA/11361/2011 IN FAST/17810/2011 THE STATE OF MAHARSHTRA AND ORS PRATAP HIRAMAN PATIL 26 CIVIL APPLICATION NO.3128 OF 2012 IN FAST/3237/2012 WITH CA/3132/2012 IN FAST/3225/2012 THE COLLECTOR JALGAON AND ORS SUBHILABAI BHIMRAV KOLI 27 CIVIL APPLICATION NO.4530 OF 2012 IN FAST/7177/2012 WITH CA/4531/2012 IN FAST/7177/2012

( 3 ) GULAB BAJIRAO PATIL 28 CIVIL APPLICATION NO.4551 OF 2012 IN FAST/6852/2012 WITH CA/4552/2012 IN FAST/6852/2012 THE STATE OF MAH AND ORS LILABAI NARHAR KOLI 29 CIVIL APPLICATION NO.4557 OF 2012 IN FAST/6865/2012 WITH CA/4558/2012 IN FAST/6865/2012 LOTAN KALU PATIL 30 CIVIL APPLICATION NO.4583 OF 2012 IN FAST/6862/2012 WITH CA/4584/2012 IN FAST/6862/2012 THE STATE OF MAH AND ORS KHANDERAO DAGDU KOLI, DIED THR. L.RS. EKNATH AND ORS 31 CIVIL APPLICATION NO.4639 OF 2012 IN FAST/7164/2012 WITH CA/4640/2012 IN FAST/7164/2012 SUBHASH CHANDRABHAN MANTRI 32 CIVIL APPLICATION NO.5021 OF 2012 IN FAST/7460/2012 WITH CA/5022/2012 IN FAST/7460/2012 MADHAV DAGDU PATIL, DIED THR. L.RS. MALTIBAI AND ORS

( 4 ) 33 CIVIL APPLICATION NO.5025 OF 2012 IN FAST/7449/2012 WITH CA/5026/2012 IN FAST/7449/2012 PITAMBAR DAULAT PATIL 34 CIVIL APPLICATION NO.5291 OF 2012 IN FAST/9181/2012 WITH CA/5292/2012 IN FAST/9181/2012 THE STATE OF MAH THR COLLECTOR AND ORS RAMDAS TOTARAM PARDHI 35 CIVIL APPLICATION NO.6383 OF 2012 IN FAST/11620/2012 WITH CA/6384/2012 IN FAST/11620/2012 TULSHIRAM LOTU CHAVAN, DIED THR. L.RS. RAGHUNATH AND ORS 36 CIVIL APPLICATION NO.10387 OF 2012 IN FAST/21445/2012 WITH CA/10388/2012 IN FAST/21445/2012 THE SPECIAL LAND ACQUISITIION OFFICER-1, JALGAON AND ANR TULSHIRAM PANDHARINATH PAWAR AND ORS 37 CIVIL APPLICATION NO.10389 OF 2012 IN FAST/21448/2012 WITH CA/10390/2012 IN FAST/21448/2012 THE SPECIAL LAND ACQUISITIION OFFICER-1, JALGAON AND ANR SHANKAR GOBJI WAGH DIED THR LRS RAVSAHEB SHANKAR WAGHAND ORS

( 5 ) 38 CIVIL APPLICATION NO.10391 OF 2012 IN FAST/21442/2012 WITH CA/10392/2012 IN FAST/21442/2012 THE SPECIAL LAND ACQUISITIION OFFICER-1, JALGAON AND ANR BABU RANGA MORE THR LRS ATMARAM BABURAO MORE AND ORS 39 CIVIL APPLICATION NO.1842 OF 2013 IN FAST/30425/2012 THE SPECIAL LAND ACQ. OFFICER NO. 3, JALGAON AND ORS NARAYAN HARI MAHAJAN AND ORS 40 CIVIL APPLICATION NO.4113 OF 2013 IN FAST/33112/2012 WITH CA/4114/2013 IN FAST/33112/2012 THE STATE OF MAH AND ORS PUNJAJI CHINDHA SABLE 41 CIVIL APPLICATION NO.5619 OF 2013 IN FAST/4403/2013 WITH CA/5620/2013 IN FAST/4403/2013 THE STATE OF MAHARASHTRA AND ANOTHER ANYSAYABAI HIRAMAN PATIL 42 CIVIL APPLICATION NO.6306 OF 2013 IN FAST/7203/2012 WITH CA/6307/2013 IN FAST/7203/2012 THE STATE OF MAH AND ORS CHIMANRAO DADAJI THAKARE, DIED THR. L.RS. PUSHPABAI AND ORS

( 6 ) 43 CIVIL APPLICATION NO.10768 OF 2013 IN FAST/23614/2013 WITH CA/10769/2013 IN FAST/23614/2013 THE STATE OF MAHARASHTRA AND ANOTHER PARVATABAI CHATURBHUJ VED, DIED AND OTHERS 44 CIVIL APPLICATION NO.3126 OF 2015 IN FAST/2621/2015 WITH CA/3127/2015 IN FAST/2621/2015 THE STATE OF MAHARASHTRA AND ANOTHER RUPSING GORAKH PATIL 45 CIVIL APPLICATION NO.5766 OF 2015 IN FAST/10786/2015 WITH CA/5767/2015 IN FAST/10786/2015 THE SPECIAL LAND ACQUISITION OFFICER, M.I.W. DIST. JALGAON AND ANOTHER BHASKAR BUDHO INGALE DECEASED THR LRS RAMBHABAI BHASKAR INGALE AND OTHERS 46 CIVIL APPLICATION NO.5779 OF 2015 IN FAST/10804/2015 THE SPECIAL LAND ACQUISITION OFFICER NO.3 UPPER TAPI PROJECT 3 JALGAON AND ANOTHER BHIKANRAO BABURAO PATIL ...

Mr.A. B. Chate, AGP AND Mr. B.V. Virdhe, AGP for the appellants/State in respective matters Mr. Kiran A. Sawant Patil, Spl. Land Acquisition Officer, Collector Office, Jalgaon is present.

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O R D E R

(11th FEBRUARY, 2023) Civil Applications for delay:- 1.

Having regard to the reasons mentioned in the applications and as the parties have arrived at amicable settlement, it is desirable to condone the delay. The delay stands condoned. The civil applications for condonation of delay, if any stand allowed and disposed off. Office to register the appeals.

First Appeals:- 1.

These matters are placed before us in today's National LokAdalat. Mr. Kiran A. Sawant Patil, Spl. Land Acquisition Officer, Collector Office, Jalgaon is present.

2.

Learned AGP submits that above numbered group of appeals is squarely covered by Government Resolution No. Sankirna2014/pra.kra4/Bham-1/A-4 dated 03-11-2016 with Government Corrigendum dated 23-02-2017 and 13-08-2018 to the said Government Resolution. Hence, the group of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals.

3.

The learned AGP states that entire amount in these appeals has been deposited and later-on the said amount has been withdrawn by the original claimants by obtaining orders from this court. He submits that in these circumstances nothing survived in these appeals. 4.

However, before disposing off the appeals, it is further

( 8 ) clarified that in case the amount is not deposited as per the award, the State Government undertakes to deposit the said amount within a period of six months in the concerned Reference Court. If the amount is not deposited within six weeks, then it shall carry the interest in terms of Section 28 or 34 of the Act, as the case may be. If the amount is not withdrawn by the claimants/respondents, same is allowed to be withdrawn and office to allow withdrawal. If the said amount is not deposited, they are at liberty to withdraw the same after the amount is deposited.

5.

The first appeals stand disposed off as withdrawn. 6.

No order as to costs.

7.

The court fee refund certificate be issued as per the provisions under the of Maharashtra Court Fees Act, 1959. 8.

In view of withdrawal of these appeals, pending civil applications, if any stand disposed off.

[A. R. BORULKAR] [S. G. SHETE] [KISHORE C. SANT, J.] Advocate DJ (Retd.) Head of Panel Member Member VishalK/fa1382.15