Executive Engineer, Latur Minor Irrigation Div. Latur G.M.I.D.C Aurangabad And ANR v. Deorao Maruti Rathod

2024:BHC-AUG:5236 1 fa 407.18

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHAILESH P. BRAHME, HELD ON 03RD MARCH, 2024, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 407 OF 2018 Executive Engineer, Latur Minor Irrigation Division, Latur, G.M.I.D.C. Aurangabad and another .. Appellants

Versus

Ramesh Ramrao Kawale .. Respondent WITH FIRST APPEAL NO. 408 OF 2018 WITH CIVIL APPLICATION NO. 9569 OF 2019 Executive Engineer, Latur Minor Irrigation Division, Latur, G.M.I.D.C. Aurangabad and another .. Appellants

Versus

Narsing Arjun Kawale Since deceased through L.Rs.

Rukmaji since died through L.Rs.

Tulsabai and others .. Respondents WITH FIRST APPEAL NO. 406 OF 2018 Executive Engineer, Latur Minor Irrigation Division, Latur, G.M.I.D.C. Aurangabad and another .. Appellants

Versus

Deorao Maruti Rathod .. Respondent WITH FIRST APPEAL NO. 405 OF 2018 Executive Engineer, Latur Minor Irrigation Division, Latur,

2 fa 407.18 G.M.I.D.C. Aurangabad and another .. Appellants

Versus

Kesharbai Sampati Devkate .. Respondent Shri B. R. Surwase, Advocate for the Appellants in all matters. Shri Gajanan K. Sontakke, Advocate for the Respondents/claimants in all matters.

ORDER :

.

Learned counsel Mr. Surwase along with representative officer of the acquiring body Mr. Ajaykumar R. Kasbe, Assistant Engineer, Grade - 1, learned counsel Mr. Sontakke for the respondents/claimants are present today before the panel. 2.

They tender on record terms of settlement in the form of an undertaking. Same is taken on record and marked as Exhibit 'X' for identification.

3.

The parties are unanimous that appellants have deposited entire amount of compensation and out of that 75% amount has already been withdrawn by the respondents/claimants. 4.

It is agreed between the parties that the respondents/claimants shall be entitled to interest at the rate of 9% from 16.06.1997 to 15.06.1998 and thereafter they are entitled to interest at the rate of 15% from 16.06.1998 till deposit of entire amount in the High Court. Registry shall calculate the amount of interest as aforesaid and disburse it to the respondents/claimants. Balance amount shall be refunded to the

3 fa 407.18 appellants/acquiring body.

5.

The first appeals are disposed of in terms of Exhibit 'X' and minutes of the order passed today.

6.

The court fees be refunded as per rules.

7.

Award be drawn up accordingly.

8.

Pending civil application No. 9569 of 2019 also stands disposed of accordingly.

[A. R. Borulkar] [S. G. Shete] [Shailesh P. Brahme, J.] Advocate D. J. (Retired) Head of the Panel Member Member Date : 03.03.2024 Place : Aurangabad bsb/March24