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Bombay High CourtFA/1588/2020withdrawn

The G.M.I.D.C., Thr The Ex. Engineer, Latur Medium Project Latur And ORS v. Digambar Tulshiram Dhele

2020-02-08Shri Justice J P Devadhar4 pages

1 SB. sr.904, 905, 906 (total 45 matters).odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, HELD ON 8TH FEBRUARY, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD SB Sr. Nos. 904, 905, 906 (total 45 matters) 904 FIRST APPEAL NO.3392 OF 2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION LATUR THRG.M.I.D.C, AURANGABAD

VERSUS

VATCHALABAI VINAYAKRAO JADHAV AND ORS WITH FA/3393/2018 WITH FA/3394/2018 WITH FA/3395/2018 WITH FA/3396/2018 WITH FA/3397/2018 WITH FA/3398/2018 WITH FA/3399/2018 WITH FA/3400/2018 WITH FA/3401/2018 WITH FA/3402/2018 WITH FA/3403/2018 WITH FA/3404/2018 WITH FA/3405/2018 AND 905 FIRST APPEAL NO.3406 OF 2018 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. LATUR THR G.M.I.D.C., AURANGABAD

VERSUS

GANGADHAR RANBA BHOPLE AND ORS WITH FA/3407/2018 WITH FA/3408/2018 WITH FA/3409/2018 WITH FA/3410/2018 WITH FA/3411/2018 WITH FA/3412/2018 WITH FA/3413/2018 WITH FA/3414/2018 WITH FA/3415/2018 WITH FA/3416/2018 WITH FA/3417/2018 WITH FA/3418/2018 WITH FA/3419/2018

2 SB. sr.904, 905, 906 (total 45 matters).odt AND CIVIL APPLICATION NO.12373 OF 2018 IN FIRST APPEAL STAMP NO. 21471 OF 2018 THE G.M.I.D.C., THR THE EX. ENGINEER, LATUR MEDIUM PROJECT LATUR AND ORS

VERSUS

VIJAYKUMAR ANKUSH DEVKATE AND ANR IN FAST/21471/2018 WITH CA/12374/2018 IN FAST/21471/2018 WITH CA/12375/2018 IN FAST/21498/2018 WITH CA/12376/2018 IN FAST/21498/2018 WITH CA/12377/2018 IN FAST/21494/2018 WITH CA/12378/2018 IN FAST/21494/2018 WITH CA/12379/2018 IN FAST/20788/2018 WITH CA/12380/2018 IN FAST/20788/2018 WITH CA/12381/2018 IN FAST/21490/2018 WITH CA/12382/2018 IN FAST/21490/2018 WITH CA/12383/2018 IN FAST/21465/2018 WITH CA/12384/2018 IN FAST/21465/2018 WITH CA/12385/2018 IN FAST/21456/2018 WITH CA/12386/2018 IN FAST/21456/2018 WITH CA/12387/2018 IN FAST/21512/2018 WITH CA/12388/2018 IN FAST/21512/2018 WITH CA/12389/2018 IN FAST/21519/2018 WITH CA/12390/2018 IN FAST/21519/2018 WITH CA/12391/2018 IN FAST/21515/2018 WITH CA/12392/2018 IN FAST/21515/2018 WITH CA/12393/2018 IN FAST/21484/2018 WITH CA/12394/2018 IN FAST/21484/2018 WITH CA/12395/2018 IN FAST/21461/2018 WITH CA/12396/2018 IN FAST/21461/2018 WITH CA/12397/2018 IN FAST/21501/2018 WITH CA/12398/2018 IN FAST/21501/2018 WITH CA/12399/2018 IN FAST/21504/2018 WITH CA/12400/2018 IN FAST/21504/2018 WITH CA/12401/2018 IN FAST/21507/2018 WITH CA/12402/2018 IN FAST/21507/2018 WITH CA/12403/2018 IN FAST/21479/2018 WITH CA/12404/2018 IN FAST/21479/2018 WITH CA/12405/2018 IN FAST/21476/2018 WITH CA/12406/2018 IN FAST/21476/2018

3 SB. sr.904, 905, 906 (total 45 matters).odt

O R D E R

1.

Mr Mahesh Swami and Mr S.G. Karlekar, Advocates for Acquiring Body, Mr A.M. Phule, AGP for respondent/State Authorities, Mr Giriraj Kishanrao Joshi, Executive Engineer, Latur Minor Irrigation Division, Latur, Mr L.C. Patil, Advocate for Respondents/claimants, are present.

2.

It is submitted by the learned Counsel for respective sides that the compensation awarded by the Reference Court is well within the parameters of the Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017 and 13.08.2018.

3.

As such, the Acquiring Body do not want to prosecute the appeals and intent to withdraw the appeals and seek leave. 4.

Leave granted.

5.

The Court fee refund certifcate be issued in the name of the appellants as per rules The appeals stand disposed of as withdrawn.

7.

Civil Application/s if any pending are also stand/s disposed of.

4 SB. sr.904, 905, 906 (total 45 matters).odt 8.

The amount of compensation shall be deposited in this Court within a period of six months from the date of this order. 9.

It is further agreed between the parties that claimants/appellants would be entitled to claim interest U/s. 34 of the Land Acquisition Act in view of Full Bench decision of this Court in case of The State of Maharashtra Vs Kailash Shiva Rangari reported in 2016 (Vol. 4)) ALL MR 513 (F.B.)] and to that extent, award stands modifed. The claimants are at liberty to withdraw the said amount.

10.

In case the Acquiring Body fails to make payment within a period of six months as stated above, in that case, original claimants are entitled to claim statutory interest thereon. (K. C. Sant) (V.B. Mantri) (Shrikant D. Kulkarni J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 08.02.2020 mta