Bombay High CourtCA/8091/2019disposed offdismissed for default

The Ex. Engineer, Latur Minor Irrigation, Thr G.M.I.D.C., Aurangabad v. Vasant Narsoba Jadhav And ORS

2019-12-14Shri Justice J P Devadhar2 pages

1 CA 8091-2019

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.

92 CIVIL APPLICATION NO.8091 OF 2019 IN FAST/25201/2018 THE EX. ENGINEER, LATUR MINOR IRRIGATION, THR G.M.I.D.C., AURANGABADCOURT OF LOK ADALAT

VERSUS

VASANT NARSOBA JADHAV AND ORS 14/12 ...

WITH 93 CIVIL APPLICATION NO.8093 OF 2019 IN FAST/26349/2018 THE EX. ENGINEER, LATUR MINOR IRRIGATION, THR G.M.I.D.C., AURANGABAD

VERSUS

BABU TULSIRAM KAWALE AND ORS ...

WITH 94 CIVIL APPLICATION NO.8095 OF 2019 IN FAST/26343/2018 THE EX. ENGINEER, LATUR MINOR IRRIGATION, THR G.M.I.D.C., AURANGABAD

VERSUS

NAMDEO NARSOBA JADHAV (DIED) THR LRS HARIBA AND ORS ...

WITH 95 CIVIL APPLICATION NO.8097 OF 2019 IN FAST/26346/2018 THE EX. ENGINEER, LATUR MINOR IRRIGATION, THR G.M.I.D.C., AURANGABAD

VERSUS

DNYANOBA NIVARTI SALUNKE AND ORS ...

Advocate for Applicant : Mr. Swami Mahesh C.

Advocate for Respondents : Mr. H. B. Nandagavale. ...

2 CA 8091-2019

ORDER

Mr. G. K. Joshi, Executive Engineer present, learned advocate for applicant Mr. Mr. Swami Mahesh C. 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 matter 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..

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, with the same modification, the Government is withdrawing the appeals to which the claimants have no objection. Therefore, all the applications / 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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