The Ex. Engineer, Irrigation Project Strengthening Div. Omerga And ORS v. Vitthal Shripati Kadam

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE SANDIPKUMAR C. MORE, HELD ON 12TH MARCH, 2022.

AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 153 FIRST APPEAL 92 OF 2022 The Executive Engineer, Irrigation Project Strengthening Division, Omerga and Others

Versus

Bhima Ambaji Jadhav 154 FIRST APPEAL 99 OF 2022 The Executive Engineer, Irrigation Project Strengthening Division, Omerga and Others

Versus

Vitthal Shripati Kadam ...

Mrs. Sunita D. Shelke, for Appellant- Acquiring Body Mr. M. R. Deshmukh, S.D.O. K.V.D.C. Osmanabad Mr. Vivekanand B. Deshmukh for Respondent Mr. S.r. deshmukh, Dy. Engineer, Irregtion Omerga ....

1.

These appeals are placed before the Lok-Adalat by the Appellants-State.

2.

Mrs. Sunita D. Shelke, learned Advocate for Acquiring Body submitted that the above numbered group of appeals is squarely covered by the Government Resolution No. Sankirna2014/pra.kra.4/Bham-1/A/4 dated 3rd November, 2016 with

-2Government Corrigendum dated 23rd February, 2017 and 13th August 2018 to the said Government Resolution. In turn, this group of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these present appeals.

3.

The learned counsel for acquiring body on instructions submits that, if the amount of compensation is not deposited before this Court, as well as before the executing Court, the amount to be deposited within a period of six months from the receipt of order. After depositing of the said amount in the reference Court, the claimants are entitled to withdraw the same. However, before disposing of the appeal, it is further clarifed that, in case any amount is lying with this Court, than the same shall be transmitted to the reference Court. The reference Court shall disburse the said amount to the original claimants. The claimants are at liberty to make an application before the reference Court and withdraw the said amount. 4.

The First Appeal is disposed of as withdrawn. No order as to costs.

5.

Civil Application pending if any stands disposed of in view of disposal of First Appeal.

-36.

The Court fee refund certifcate be issued as per the provisions under the Maharashtra Court Fees Act. [S.P.BRAHME] [S.G.SHETE] [SANDIPKUMAR C. MORE,J.] Advocate D.J.(Retd.) Head of the Panel Member Date: 12-03-2022.

Place: Aurangabad.

Yogesh/