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Bombay High CourtFA/90/2013disposed off

Gmidc Ltd Through Executive Engineer Miw Minor Irrigation Latur v. Sangram Vyankati Bhagat And ORS

2022-08-13Lok Adalat3 pages

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SANDIPKUMAR C. MORE, HELD ON 13TH AUGUST, 2022.

AT THE HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AURANGABAD 18 FIRST APPEAL NO.90 OF 2013 GMIDC LTD THROUGH EXECUTIVE ENGINEER MIW MINOR IRRIGATION LATUR

VERSUS

SANGRAM VYANKATI BHAGAT AND ORS WITH FIRST APPEAL NO. 97/2013 GMIDC LTD THROUGH EXECUTIVE ENGINEER MIW MINOR IRRIGATION LATUR

VERSUS

BALASAHEB DNYANOBA SOLANKE(DIED THR. LEGAL HEIRSMEERABAI AND ANOTHER WITH FIRST APPEAL NO. 94/2013 GMIDC LTD THROUGH EXECUTIVE ENGINEER MIW MINOR IRRIGATION LATUR

VERSUS

GOVIND LAXMAN GADAGE AND ANOTHER WITH FIRST APPEAL NO. 95/2013 GMIDC LTD THROUGH EXECUTIVE ENGINEER MIW MINOR IRRIGATION LATUR

VERSUS

ANTARAM NAGNATH BHARDE, DIED, THROUGH LEGAL HEIRSNARAYAN AND OTHERS WITH FIRST APPEAL NO. 98/2013 GMIDC LTD THROUGH EXECUTIVE ENGINEER MIW MINOR IRRIGATION LATUR

VERSUS

DNYANOBA RAM ARADWAD, DIED, THROUGH LEGAL HEIRSPARWATIBAI AND OTHERS. WITH FIRST APPEAL NO. 91/2013 GMIDC LTD THROUGH EXECUTIVE ENGINEER MIW MINOR IRRIGATION LATUR

VERSUS

HARISCHANDRA MANOHAR CHEWALE AND OTHERS WITH FIRST APPEAL NO. 96/2013 GMIDC LTD THROUGH EXECUTIVE ENGINEER MIW MINOR IRRIGATION LATUR

VERSUS

SATYABHAMABAI NARAYAN GADGE AND ANOTHER ...

Mr. A. M. Phule, Advocate for the appellant- GMIDC Ltd. Mr. Mahendra Kale, Executive Engineer, Minor Irrigation Division, Latur, present. Mr. S. V. Gundre, Advocate for the respondents/claimants. Mr. S. S. Dande, AGP for the State.

WITH 19 FIRST APPEAL NO.458 OF 2013 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION

VERSUS

THE STATE OF MAHARASHTRA AND ANR WITH 20 FIRST APPEAL NO.461 OF 2013 WITH FIRST APPEAL NO. 462/2013 WITH FIRST APPEAL NO. 463/2013 WITH FIRST APPEAL NO. 460/2013 GODAWARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Mr. B. R. Survase, Advocate for the appellant- GMIDC Ltd. Mr. S.S. Dande, AGP for the State Mr. Mahendra Kale, Executive Engineer, Minor Irrigation Division, Latur, present. Mr. H. B. Nandagavale h/for Mr. V. G. Sakolkar, Advocate for the respondents/claimants.

O R D E R 1.

All these appeals are placed before this Lok-Adalat by the Appellantacquiring body.

2. Mr. A. M. Phule and Mr. B. R. Survase, learned counsel for the acquiring body- appellant submitted that all these appeals are covered by the Government Resolution No. Sankirna- 2014/pra.kra.4/Bham-1/A/4 dated 3rd November, 2016 with Government Corrigendum dated 23rd February, 2017 and 13th August 2018 to the said Government Resolution. Thus, these appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra.

3. The earned counsel for the appellant/acquiring body submitted that in some of these appeals, entire compensation amount has been deposited and in some appeals,

the amount is yet to be deposited.

4.

Under these circumstances, if the claimants have not withdrawn the amount in the appeals wherein it is deposited, then they are permitted to withdraw the same along-with accrued interest thereon till date. In case of appeals wherein the compensation amounts are not yet deposited, the amount shall be deposited within a period of six months along-with accrued interest as awarded by the Reference Court and the respondents/claimants are at liberty to withdraw the same. 5.

Accordingly, all these appeals stand disposed of as withdrawn. No order as to costs.

6.

Pending Civil Applications also stand disposed of. 7.

The Court fee refund certificate be issued as per Rules. (R. M. DESHMUKH) Advocate Member (S. G. SHETE ) District Judge (Retd.) Member (SANDIPKUMAR C. MORE,J.) Head of the Panel Date: 13.08.2022 Place: Aurangabad JPC