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Bombay High CourtFA/2032/2021disposed off

Rajebhau Yadavrao Kaldate v. The State Of Maharashtra And ORS

2021-09-25Lok Adalat3 pages

1 1072(2) to 1078 ( 8 settled matters).odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, J. HELD ON 25Th SEPTEMBER, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1072 FIRST APPEAL NO. 2027 OF 2021 WITH FIRST APPEAL NO.2028 OF 2021 AYUBKHAN KABIRKHAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 1073 FIRST APPEAL NO.2029 OF 2021 AND 1074 FIRST APPEAL NO.2030 OF 2021 AND 1075 FIRST APPEAL NO.2031 OF 2021 AND 1076 FIRST APPEAL NO.2032 OF 2021 AND 1077 FIRST APPEAL NO.2033 OF 2021 AND 1078 FIRST APPEAL NO.2034 OF 2021

O R D E R

1.

Mr. V.D. Bhise, learned counsel for the appellants, Mr. Ruturaj Patil, learned counsel for acquiring body, Mr. B.V. Virdhe, learned AGP for the respondent/State and Mr. P.B. Jadhav, Executive Engineer, Jalna Irrigation Division, Jalna are present.

2.

These First Appeals are placed before this panel of today's National Lok Adalat in view of settlement between the parties.

2 1072(2) to 1078 ( 8 settled matters).odt 3.

Learned counsel appearing for the respective sides and concerned parties submitted that they have settled their disputes amicably and they have placed on record terms of compromise. They further submitted that the matters have been fully and finally settled between the parties. The compromise pursis / terms of compromise are taken on record and marked as 'X' for identification.

4.

They submitted that in view of amicable settlement between the parties described in the compromise pursis, these appeals may be disposed of.

5.

The acquiring body shall deposit the amount of settlement as agreed within eight (08) months from today in this Court. In case of failure on the part of acquiring body, the appellants/claimants are entitled to claim statutory interest accrued thereon in view of the provisions of Land Acquisition Act, 1894.

6.

The appellants/claimants are entitled to withdraw the amount of settlement deposited by the acquiring body.

7.

The appellants/claimants are not entitled for statutory benefits i.e. interest under Section 28 of the Land Acquisition Act, 1894 for the delayed period in filing the First Appeals, which is condoned by this Court.

3 1072(2) to 1078 ( 8 settled matters).odt 8.

The Court fee refund certificate be issued as per the rules in favour of the appellants/claimants. Registry to take necessary steps to that effect. 9.

The award/decree be drawn up in terms of compromise. 10.

The Civil Application/s pending if any, also stand/s disposed of. 11.

No order as to costs.

( K. C. Sant ) ( V. B. Mantri ) (SHRIKANT D. KULKARNI, J. ) Advocate District Judge (Retd.) Head of the Panel Member Member Date : 25.09.2021.

Place : Aurangabad.

S P Rane