The Ex. Engineer, Minor Irrigation Division Latur Thr G.M.I.D.C, Aurangabad v. Janardhan Ganpati Kendre And ORS

1 sr. 163 to 180 .odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE ANIL S. KILOR HELD ON 14TH SEPTEMBER, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD (Sr. No. 163 to 180 = 18) 163 FIRST APPEAL NO.3140 OF 2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, LATUR THR G.M.I.D.C, AURANGABAD RAMCHANDRA MADHAVRAO KENDRE AND ORS 164 FIRST APPEAL NO.3141 OF 2018 DIGAMBAR SUBHANRAO KENDRE AND ORS 165 FIRST APPEAL NO.3142 OF 2018 MOHAN RAMRAO KENDRE AND ORS 166 FIRST APPEAL NO.3143 OF 2018 RAOSAHEB MADHAVRAO KENDRE AND ORS 167 FIRST APPEAL NO.3144 OF 2018 PRALHAD MADHAVRAO KENDRE AND ORS 1

2 sr. 163 to 180 .odt 168 FIRST APPEAL NO.3145 OF 2018 VENKATRAO VITHALRAO KENDRE AND ORS 169 FIRST APPEAL NO.3146 OF 2018 DATTA SUBHANRAO KENDRE AND ORS 170 FIRST APPEAL NO.3147 OF 2018 BHANUDAS SANTOBA TIDKE AND ORS 171 FIRST APPEAL NO.3148 OF 2018 MARUTI MALAJI KENDRE AND ORS 172 FIRST APPEAL NO.3149 OF 2018 VITHAL MADHAVRAO KENDRE AND ORS 173 FIRST APPEAL NO.3150 OF 2018 MARUTI DATTAJI DALVE AND ORS

3 sr. 163 to 180 .odt 174 FIRST APPEAL NO.3151 OF 2018 THE EX. ENGINEER, MINOR IRRIGATION DIVISION LATUR THR G.M.I.D.C, AURANGABAD BALAJI SUBHANRAO KENDRE AND ORS 1 175 FIRST APPEAL NO.3152 OF 2018 VENKATI RAMRAO KENDRE (DIED) THR LRS BABAN AND ORS 176 FIRST APPEAL NO.3153 OF 2018 EKNATH GANGARAM WAGHMARE AND ORS 177 FIRST APPEAL NO.3154 OF 2018 GURBAS HIRAMAN ADE AND ORS 178 FIRST APPEAL NO.3155 OF 2018 BALAJI UDHAVRAO DALVE AND ORS 179 FIRST APPEAL NO.3156 OF 2018 JANARDHAN GANPATI KENDRE AND ORS

4 sr. 163 to 180 .odt 180 FIRST APPEAL NO.3157 OF 2018 JIVAN RAMRAO KENDRE AND ORS 1 ...

Advocate for Appellants : Mr. M. C. Swami AGP for Respondents-State : Mr. A. M. Phule Advocate for Respondents-claimants : Mr. S. S. Halkude ...

ORDER:

1.

These are the first appeals filed by Acquiring Body namely, Minor Irrigation Division Latur. The acquiring body is represented today by learned Advocate Mr. M. C. Swami along with Mr. G.K. Joshi, Executive Engineer, Minor Irrigation Division, Latur. Mr. A. M. Phule, learned AGP for the State and Mr. S. S. Halukde, advocate for respondents / claimants are present. 2.

The acquiring body after verification and necessary calculations has made statement that the decreetal amount granted by reference Court is well within the parameters fixed under the Government Resolution dated 3rd November, 2016 and Corrigendum issued in respect of the said Government Resolution, and therefore, the acquiring body is ready to accept the award

5 sr. 163 to 180 .odt passed by the Reference Court in the References filed by the respondent/claimants under Section 18 of the Act, 1894. 3.

The respondents-original claimants are present and they all have agreed to accept interest under Section 28 of the Land Acquisition Act, 1894 from the date of award passed by Special Land Acquisition Officer instead of from the date of issuance of notification under Section 4 of the Act.

4.

The Acquiring Body made a statement that entire amount is deposited in this Court. The respondents / claimants made a request that amount deposited in this court to be transferred to the executing Court. The request is allowed. Amount deposited in this Court be transferred to executing Court i.e. Civil Judge (Senior Division), Udgir. The respondents/original claimants are permitted to withdraw the amount which is transferred to the Civil Judge (Senior Division), Udgir. Recalculation of amount shall be made accordingly.

5.

In view of above, the appeals are disposed of. No order as to costs.

6 sr. 163 to 180 .odt 6.

The court fee if any paid in the respective appeals, shall be refunded back according to rules. If there is any civil application/applications pending, the same stand/s disposed of. Sd./- Sd./- Sd./- (K. C. Sant) (A.T.A.K. Shaikh) (Anil S. Kilor, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.09.2019 Place: Aurangabad mta/