The G.M.I.D.C., Thr The Ex. Engineer, Minor Irrigation Division, Latur And ORS v. Banubee Rashidsab Pirjade

1 FA 1355-2019

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI, HELD ON 14TH DECEMBER, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

90 FIRST APPEAL NO.1355 OF 2019 THE G.M.I.D.C., THR THE EX. ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR

VERSUS

SALIM HAMJASAB PIRJADE ...

Advocate for Appellants : Mr. Gaikwad Anil M. Advocate for Respondent : Mr. H. B. Nandagavale. ...

WITH FA/1356/2019 WITH FA/1357/2019 ...

ORDER

1.

Mr. G. K. Joshi, Executive Engineer present, learned advocate for appellant Mr. A. M. Gaikwad present, and learned advocate Mr. H. B. Nandagavale present for the respondents-claimants. 2.

Parties agree that the enhancement in the compensation that has been granted by the Reference Court is within four times of the compensation awarded by Special Land Acquisition Officer, and therefore, the matters are squarely covered by Government Resolution dated 3rd November 2016, granted by the Reference Court and corrigendum dated 23-02-2017 and 13-08-2018.

3.

Parties agree that the interest that can be awarded on the compensation will have to be governed by the ratio in State of Maharashtra v. Kailash Shiva Rangari, reported in AIR 2016 Bombay 141, and therefore,

2 FA 1355-2019 with the same modification, the Government is withdrawing the appeals to which the claimants have no objection. Therefore, all the appeals are disposed of with the modification in the award to the extent of interest as aforesaid. Court fee be refunded as per rules. 4.

Acquiring body undertakes to deposit the amount as per modified award within a period of six months from today. [K. C. SANT] [A. T. A. K. SHEKH] [SMT. VIBHA KANKANWADI, J.] Advocate District Judge Head of the Panel Member (Retd.) Member Date : 14.12.2019 Place : Aurangabad.

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