The Executive Engineer, Lower Terna Project Canal, Division No.2, Latur And Others v. Satyabhamabai Madhav Yevate

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 FIRST APPEAL NO.1282 OF 2016 WITH CA/10942/2015 IN FA/1282/2016 THE EXECUTIVE ENGINEER, LOWER TERNA PROJECT CANAL, DIVISION NO.2, LATUR AND OTHER

VERSUS

SATYABHAMABAI MADHAV YEVATE ...

Advocate for Appellants : Mr.Pawar D.B.

AGP for Respondents: Mr.S.S.Dande Advocate for Respondents :

Mr.Gajanan K. Sontakke And Mr.P.G. Sontakke(patil) ...

O R D E R

1.

Mr.Sanjay Vishnupant Sewalikar, Executive Engineer, Lower Terna Canal Division No.2, Latur is present. Learned Advocate for the acquiring body is present, however, the

officer is empowered to enter into compromise. Learned Advocate Mr.Sontakke for claimant is present. 2.

It is agreed by the parties that the compensation that has been enhanced by the learned reference Court is within four times of the compensation awarded by Special Land Acquisition Officer and, therefore, the case is squarely covered in Government Resolution dated 03/11/2016 along with subsequent corrigendum dated 23/02/2017 and 13/08/2018.

3.

It is agreeable to both the parties that as regards the interest that can be awarded on the compensation under Section 28 and 34 of the Land Acquisition Act, 1894 can be only from the date of award in view of the Full Bench decision in State of Maharashtra Vs. Kailas Shiva Rangari, 2016(4), All M.R. 513 and, therefore, to the extent of that modification in the award by the learned reference Court, parties agree to the compromise. Accordingly, the First Appeal stands disposed of with that modification. 4.

Court fee refund as per the rules. Civil

application stands disposed of. The acquiring body agrees to deposit the amount of compensation 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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