Gmidc Ltd Through Executive Director And ANR v. Baliram Dhondiba Mane And ORS

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE R.G. AVACHAT HELD ON 14th SEPTEMBER, 2019 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL (STAMP) NO.28236 OF 2010 IN WITH CIVIL APPLICATION NO.15937 OF 2010 WITH CA/15935/2010 WITH CA/15936/2010 G.M.I.D.C. LTD., THROUGH EXECUTIVE DIRECTOR AND ANR

VERSUS

BALIRAM DHONDIBA MANE AND ORS AND FIRST APPEAL (STAMP) NO.28240 OF 2010 WITH CIVIL APPLICATION NO.15972 OF 2010 WITH CA/15970/2010 WITH CA/15971/2010 GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD., THROUGH ITS EXECUTIVE

VERSUS

UTTAM MAHADU MANE AND ORS - Mr. Sambhaji Tope, Advocate for appellants Mr. A.P.Basarkar, AGP for respondents - State Respondents/claimants - served

ORDER

Mr.Salim Shaikh, Sr. Engineer, G.M.I.D.C., Division No.1, Nanded, is present for the acquiring body.

2.

These appeals are filed by the acquiring body. 3.

Mr.Salim Shaikh, Sr. Engineer, made a statement that in view of the policy decision taken by the State Government vide Government Resolution No.

संकीर२०१४/pra.kra.४१/भाम-१/अ४दद.

३नोवहेबर, २०१६with Government Corrigendum dated 23rd February, 2017 and 13th August, 2018 to the said Government Resolution, the Corporation has decided to settle the present appeal by accepting the market rates as are determined by the Reference Court since the same are within the outer limits, as prescribed in the aforesaid Government Resolution. He states that the appeal may be allowed to withdraw.

4.

In this matter, the Reference Court has awarded interest under Section 34 or 28 of the Land Acquisition Act, 1894 on the amount of compensation in some cases from the date of possession and, in some cases from the date of issuance of the Notification under Section 4 of the Act. The learned Counsel submitted that in view of the Full Bench Judgment of this Court in the case of the State of Maharashtra Vs. Kailash Shiva Rangari, 2016(4) BCR 1 and State of Maharashtra Vs. Ramesh Tukaram Meshram, 2018(1) All M.R. 645, such an interest under Section 34 or 28 of the Land Acquisition Act, 1894, granted, if any, can only be

awarded from the date of award under Section 11 of the Act. The learned Counsel submitted that to the said extent the impugned awards need to be modified.

5.

In view of the above, these First Appeals are disposed of as withdrawn. Civil Application, if any, stands disposed of.

6.

Amount deposited in this Court, if any, be paid to the claimants.

(K.B.CHOUDHARY) (B.G. DASGAONKAR) (R.G. AVACHAT, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.09.2019 Place: Aurangabad.

kbp