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Bombay High CourtFA/1633/2018disposed offdismissed for default

The Executive Engineer, Urdhva Pravara Dharan Vibhag v. Shravana Hari Pichad, L.Rs. Hari And Others

2018-04-22Shri Justice J P Devadhar3 pages

-1- FAST/24007/2013 group

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE P.R.BORA, HELD ON 22nd APRIL, 2018.

AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FAST/24007/2013 With CA/12775/2013 In FAST/24007/2013 With CA/12776/2013 In FAST/24007/2013 With CA/15695/2015 In FAST/24007/2013 With FAST/24010/2013 With CA/12784/2013 In FAST/24010/2013 With CA/12785/2013 In FAST/24010/2013 With CA/15698/2015 In FAST/24010/2013 With CA/3611/2018 In FAST/24010/2013 With FAST/24013/2013 With CA/12786/2013 In FAST/24013/2013 With CA/12787/2013 In FAST/24013/2013 With CA/15697/2015 In FAST/24013/2013 With CA/3619/2018 In FAST/24013/2013 With FAST/24073/2013 With CA/12788/2013 In FAST/24073/2013 With CA/12789/2013 In FAST/24073/2013 With CA/15700/2015 In FAST/24073/2013 With CA/3618/2018 In FAST/24073/2013 With FAST/24077/2013 With CA/12782/2013 In FAST/24077/2013 With CA/12783/2013 In FAST/24077/2013 With

-2- FAST/24007/2013 group CA/15699/2015 In FAST/24077/2013 With CA/3617/2018 In FAST/24077/2013 With FAST/24086/2013 With CA/12777/2013 In FAST/24086/2013 With CA/12778/2013 In FAST/24086/2013 With CA/15696/2015 In FAST/24086/2013 With FAST/24081/2013 With CA/12779/2013 In FAST/24081/2013 With CA/12780/2013 In FAST/24081/2013 .....

(Sr. Nos.8 to 13 in Exhibit-A2 and FAST/24081/2013 which is taken on board, Page Nos.24 to 27) OFFICER/S :

Smt. Sangita Rohit Jagtap, Executive Engineer, UPCD, Sangamner.

Advocates for respective Appellants :

Mr. B. R. Surwase h/f Mr. Ruturaj C. Patil.

AGPs for State :

Mr. A.M.Phule, Mr.B.V.Virdhe, Mr. S.S.Dande.

Advocate for respondents/claimants :

Mr. D. A. Bide.

.....

O R D E R

1.

First Appeal Stamp No.24081/2013 not on Board. Taken on Board.

2.

The present appeals are filed by Executive Engineer, Upper Pravara Dam Division, Sangamner. Smt. Sangita Rohit Jagtap, Executive Engineer, is present before the Panel. Counsel Shri Bide is also present before the Court. It is informed that in all these matters the acquiring body has deposited the entire amount as per the award passed by the Reference Court under Section 18 of the Land Acquisition Act. It is

-3- FAST/24007/2013 group further submitted that in view of the policy adopted by the Government vide Government Resolution dated 3rd of November, 2016, read with corrigendum dated 23rd February, 2017, the acquiring body does not wish to agitate the matters on the issue of market rate determined by the Reference Court.

3.

Learned Counsel for the claimants submits that the claimants may not claim the interest on the amount of compensation for the intervening period between the order passed by the Court for depositing the amount till the date of deposit of the amount. In view of the submissions so made, the parties have prayed for disposing of the present appeals as settled in the aforesaid terms. All these matters stand settled in aforesaid terms and stand disposed of. 4.

The amount deposited by the acquiring body / State in this Court be transmitted to the respective Reference Courts so as to facilitate withdrawal of the said amounts by the respective claimants. The claimants, by adopting usual course and by following due process are permitted to withdraw the said amounts.

5.

Delay caused in preferring appeals, if any, stands condoned. Civil Applications, if any, stand disposed of. 6.

Court fees be refunded as per the Rules.

( K. C. SANT) (P. S. PARANJAPE) ( P. R. Bora, J.) Advocate, D.J.(Retd.) Head of the Panel Member Member ....

Date: 22.04.2017 Place: Aurangabad.

AGP