Godavari Marathwada Irrigation Development Corporation Through Its Ex Eng. Parbhani And ANR v. The State Of Mah And ORS

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 14TH JULY, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1074 FIRST APPEAL NO.

3500 OF 2008 WITH FA/3480/2008 WITH X-OBJST/21727/2014 IN FA/3480/2008 WITH FA/3481/2008 WITH X-OBJST/29408/2012 IN FA/3481/2008 WITH FA/3482/2008 WITH FA/3484/2008 WITH X-OBJST/17832/2016 WITH FA/3485/2008 WITH X-OBJST/17838/2016 WITH FA/3486/2008 WITH FA/3487/2008 WITH X-OBJST/10773/2016 WITH FA/3488/2008 WITH FA/3489/2008 WITH FA/3501/2008 WITH X-OBJST/17834/2016 WITH FA/3508/2008 WITH FA/3509/2008 WITH FA/3510/2008 WITH FA/3511/2008 WITH X-OBJST/21733/2014 IN FA/3511/2008 WITH FA/3512/2008 WITH CA/11300/2012 IN FA/3512/2008 WITH XOBJST/9054/2013 IN FA/3512/2008 WITH FA/3514/2008 WITH X-OBJST/29402/2012 IN FA/3514/2008 WITH FA/3515/2008 WITH X-OBJST/17828/2016 WITH FA/3516/2008 WITH FA/3517/2008 WITH X-OBJST/21731/2014 IN FA/3517/2008 WITH FA/3518/2008 WITH FA/3519/2008 WITH X-OBJST/9034/2013 IN FA/3519/2008 WITH FA/3573/2008 WITH FA/3574/2008 WITH X-OBJST/10781/2018 WITH FA/3575/2008 WITH X-OBJST/29413/2012 WITH FA/3576/2008 WITH XOBJST/17830/2016 WITH FA/3577/2008 WITH X-OBJST/29410/2012 IN FA/3577/2008 WITH FA/3610/2008 WITH X-OBJST/9040/2013 IN FA/3610/2008 WITH FA/3612/2008 WITH X-OBJST/21490/2018 WITH FA/3613/2008 WITH FA/3615/2008 WITH X-OBJST/9046/2013 IN FA/3615/2008 WITH FA/3616/2008 WITH X-OBJST/9058/2013 IN FA/3616/2008 WITH FA/3961/2008 WITH CA/765/2007 IN FA/3961/2008 WITH X-OBJST/9050/2013 IN FA/3961/2008 WITH FA/3963/2008 WITH FA/3965/2008 WITH FA/3966/2008 WITH FA/3967/2008 WITH X-OBJST/9050/2013 GODAVARI MARATHWADA IRRIGAION DEVELOPMENT CORPORATION THROUGH ITS EX ENG.

-2VERSUS THE STATE OF MAH AND ORS ...

1075 FIRST APPEAL NO. 3513 OF 2008 WITH CA/12966/2014 IN FA/3513/2008 GODAVARI MARATHWADA IRRIGAION DEVELOPMENT CORPORATION THROUGH ITS EX ENG. PARBHANI

VERSUS

THE STATE OF MAH AND ORS ...

1076 FIRST APPEAL NO. 3614 OF 2008 GODAVARI MARATHWADA IRRIGAION DEVELOPMENT CORPORATION THROUGH ITS EX ENG. PARBHANI

VERSUS

THE STATE OF MAH AND ORS ...

1077 FIRST APPEAL NO. 1124 OF 2010 GODAWARI MARATHWADA IRRIGAION DEVELOPMENT CORPORATION PARBHANI AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Appellant : Mr. S. G. Sangle AGP for Respondents - State authorities : Mr. A. M. Phule Advocate for Respondent-claimants-cross appellants : Mr. S. B. Ghatol Patil ...

(40)

O R D E R

1.

Mr. Vilas Vishwambhar Kapse, Land Development Officer, Minor Irrigation, Sub-Division Gangakhed, is present before the panel. Mr. S.G. Sangle, learned counsel appearing for the appellantacquiring body, Mr. A.M. Phule, learned A.G.P. for the appellantState authorities and Mr. S. B. Ghotal Patil, learned counsel appearing for the respondents-original claimants are also present. 2.

Mr. S.G. Sangle, learned counsel for the appellant acquiring

-3body, on instructions from the aforesaid officer, who is present before the panel, submits that the rate awarded by the impugned judgment and award passed by the reference court is less than four times of the rate awarded by the S.L.A.O. In view of above, Mr. Sangle, learned counsel for the appellant-acquiring body, on instructions from the officer, who is present before the panel and in tune with the Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017 seeks leave to withdraw these first appeals.

3.

Since the appellant acquiring body has taken decision to settle the dispute finally, which squarely falls in the category of Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017, leave granted. All first appeals are disposed of as withdrawn.

4.

The court fees be refunded as per Rules. Pending civil applications, if any, are also disposed of. Statutory benefits be extended in accordance with law.

5.

Learned counsel for the appellant-acquiring body submits that the amount as per the award passed by the reference court, if any, will be deposited before this Court within six months from today.

-4The amount if paid in excess be refunded to the appellant-State. 6.

So far as the cross appeals/objections preferred by the respondents-original claimants are concerned, learned counsel appearing for the respondents-original claimants, on instructions, submits that the respondents-claimants who have preferred cross appeals/objections are ready to settle the matters amicably in the event if their claim for enhancement of compensation amount is considered by the acquiring body @ Rs.1,20,000/- per Hector. Learned counsel appearing for acquiring body, on instructions, submits that the said proposal would be considered and the crossappeals / objections be placed in the next Lok Adalat. In view of above, cross-appeals / objections be placed in the Next Lok Adalat. (K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.07.2018 Place: Aurangabad rlj/