Pandurang Ramrao Manwatkar v. The State Of Mah And ORS
1 DB-7-FA-355-13
IN THE NATIONAL LOK ADALAT PRESIDED OVER BY
HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, HELD ON 12TH DECEMBER, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD DB-7 FIRST APPEAL NO.355 OF 2013 PANDURANG RAMRAO MANWATKAR ...
APPELLANT
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
RESPONDENTS .....
Counsel for appellant : Mr. D. M. Kakade AGP for respondents-State : Mr. A.M. Phule Counsel for respondent No.3 : Mr. A. M. Gaikwad ...
O R D E R
1.
The proceeding is placed before us in today's National LokAdalat. This appeal has been preferred by the appellant feeling aggrieved by the judgment and award passed by the Reference Court at Jalna for enhancement of compensation amount. The parties have settled the dispute and placed on record terms of compromise. Executive Engineer of Jalna Irrigation Division, Jalna and learned advocate Mr. A. M. Gaikwad, for acquiring body are present. The appellant as well as his learned advocate Mr. D. M. Kakade are present. The terms of compromise are taken on record and marked as Art. 'X' for identification.
2.
In view of the terms of the compromise, the appeal stands disposed of.
3.
The acquiring body has agreed to pay compensation to the appellant at the rate of Rs.2,400/-, Rs,3,600/- and Rs.4,800/- per R for
2 DB-7-FA-355-13 non-irrigated, semi-irrigated and irrigated land respectively and Rs.1,200/- per R for pot-kharab land. Accordingly, the appellant has agreed to reduce the rate which is already received in reference court. 4.
The acquiring body shall deposit an amount of compensation as agreed with interest within a period of one year in this Court from the date of receipt of this order along with chart showing details of the amount payable by them as per compromise. The calculation of interest amount under section 28 of the Land Acquisition Act, 1984 should be in accordance with the law laid down by the High Court, Bench at Nagpur in the judgment reported in 2018 (1) ALL MR Page No. 645, the State of Maharashtra Vs. Ramesh Tukaram Meshram and Another. 5.
The claimant is not entitled for statutory benefits/ interest for the delayed period caused in filing the present first appeal. 6.
Even though period of one year is given to the acquiring body, if the budget is received earlier, the acquiring body is directed to expedite the payment of compensation as agreed to the claimant by way of full and final settlement.
7.
The amount, which would be deposited as per clause (4) of this order and the amount, if any, deposited in the court/Registry, shall be transferred to Reference Court for disbursement to original claimants in terms of award.
8.
The appellant is entitled to get refund of court fee.
3 DB-7-FA-355-13 9.
The registry shall issue court fee refund certificate as per rules. 10.
The appeal stand disposed of.
11.
Civil application/s, if any, stand/s disposed of. (S. P. Brahme) (S. G. Shete) (Shrikant D. Kulkarni J.) Advocate District Judge(Retd.) JUDGE Member Member Head of the Panel Date: 12.12.2020 mta