Ex. Engineer, Latur Medium Project Latur Under G.M.I.D.C., Aurangabad And ANR v. Nivrutti Shivlingappa Dhanure

1 PB Sr. No. 47 and 47.1 .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 PB Sr. Nos. 47 and 47.1 CIVIL APPLICATION NO.11215 OF 2019 IN FAST/21542/2019 WITH CA/11217/2019 IN FAST/21542/2019 EX. ENGINEER, LATUR MEDIUM PROJECT LATUR UNDER G.M.I.D.C., AURANGABAD AND ANR

VERSUS

NIVRUTTI SHIVLINGAPPA DHANU

O R D E R

1.

Mr B,R, Surwase, Advocate for Acquiring Body, Mr A.M. Phule, AGP for respondent/State Authorities, Mr Sanjay Jewalikar, Executive Engineer, Lower Terna Canal Division No. 2, Latur, Mr Mahesh Patil, Advocate for 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.

2 PB Sr. No. 47 and 47.1 .odt 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The Court fee refund certifcate be issued in the name of the appellants as per rules The appeals stand disposed of as withdrawn.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.

8.

The amount of compensation shall be deposited in this Court within a period of six months from the date of this order. The claimants are at liberty to withdraw the amount. 9.

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

3 PB Sr. No. 47 and 47.1 .odt 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