Bombay High CourtCA/15981/2010disposed offdismissed for default

Godavari Marathwada Irrigation Development Corporation Ltd Through Its Executive Director And ANR. v. Bhaskar Gangaram Yemale And ORS

2019-03-17Shri Justice J P Devadhar3 pages

( Order ) (1) Serial Nos. 44 to 47

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI, HELD ON 17TH MARCH 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

..........

44 CIVIL APPLICATION NO.15974 OF 2010 IN FAST/28248/2010 WITH CA/15975/2010 IN FAST/28248/2010 WITH CA/15976/2010 IN FAST/28248/2010 GMIDC LTD THROUGH EXECUTIVE DIRECTOR AND ANOTHER

VERSUS

SANJIV DHONDIBA LALME AND OTHERS ...

45 CIVIL APPLICATION NO.15979 OF 2010 IN FAST/28220/2010 WITH CA/15977/2010 IN FAST/28220/2010 WITH CA/15978/2010 IN FAST/28220/2010 GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD THROUGH ITS EXECUTIVE DIRECTOR

VERSUS

NAMDEO GANGARAM YEMALE L.RS. BALAJI NAMDEO YEMALE AND OTHERS ...

46 CIVIL APPLICATION NO.15981 OF 2010 IN FAST/28233/2010 WITH CA/15980/2010 IN FAST/28233/2010 WITH CA/15982/2010 IN FAST/28233/2010 GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD THROUGH ITS EXECUTIVE DIRECTOR

VERSUS

BHASKAR GANGARAM YEMALE AND OTHERS ...

47 CIVIL APPLICATION NO.15985 OF 2010 IN FAST/28227/2010 WITH CA/15983/2010 IN

( Order ) (2) Serial Nos. 44 to 47 FAST/28227/2010 WITH CA/15984/2010 IN FAST/28227/2010 GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD THROUGH ITS EXECUTIVE DIRECTOR

VERSUS

GULAB SUDAMRAO SHIPPARKAR AND OTHERS ...........

ORDER

01.

Learned Advocate Mr. S.S. Tope is present for the acquiring body - appellants. Mr. Pramod Rangnathrao Baradkar, Executive Engineer, Upper Penganga Project Division No.8, Nanded, is also present. Learned Advocate Mr. D.Y. Nandedkar is present for respondent no.01. Learned Assistant Government Pleader Mr. A.M. Phule is present for respondents no.02 and 03.

02.

The dispute was only in respect of the interest and the parties have arrived at compromise that there shall be interest in terms of decision in State of Maharashtra Vs. Kailash Shiva Rangari [2016(4) ALL MR 513 (F.B.)] and The State of Maharashtra & others Vs. Ramesh s/o. Tukaram Meshram & others [2018(1) ALL MR 645]. Taking into consideration these authorities, the interest should be calculated and in view of the same, the First Appeals are allowed to be disposed of as compromised. Pending Civil Applications are also disposed of. After calculating the interest as per the aforesaid decisions, if any amount is in excess, that be refunded to the acquiring body. As regards the other

( Order ) (3) Serial Nos. 44 to 47 amount to which the respondents are entitled, the respondents are entitled to withdraw the said amount as per the proportion given in the award.

03.

The appellants are entitled to get refund of court-fees as per rules.

(K.B. Chaudhary) (V.B. Mantri) (Smt. Vibha Kankanwadi,J.) Advocate District Judge Head of the Panel Member (Retd.) Member Date : 17.03.2019 Place : Aurangabad.

puranik / SrNos44to47