The State Of Mah And ANR v. Bhiva Bhau Kale, Died Thr. L.Rs. Balasaheb And ORS

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI HELD ON 11th FEBRUARY, 2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1 FIRST APPEAL NO.1497 OF 2016 WITH FA/1499/2016 MAHADEO BABA DHAS AND ANOTHER Mr. R.J. Nirmal, Advocate for respondent Nos.1 and 2 2 FIRST APPEAL NO.1720 OF 2016 WITH FA/1721/2016 RAOSAHEB TUKARAM THORVE AND ANOTHER Mr. D.R. Jayabhar, Advocate for respondent Nos.1 and 2 3 FIRST APPEAL NO.2477 OF 2016 WITH FA/2478/2016 WITH CA/9737/2013 IN FA/2478/2016 WITH CA/9739/2013 IN FA/2477/2016 HAVASARAO YADA GHADAGE AND OTHERS Mr. S.E. Shekade, Advocate for respondent No.1

4 FIRST APPEAL NO.3304 OF 2016 THE STATE OF MAHARASHTRA AND ANR DATTATRAYA NAMDEORAO RAKH Mr. V.P. Savant, Advocate for respondent 5 FIRST APPEAL NO.3359 OF 2016 WITH FA/3361/2016 WITH FA/3360/2016 THE STATE OF MAH THR COLLECTOR BEED MAHALING BALU VIBHUTE AND ORS Mr. S.S. Dambe, Advocate for respondent No.4 6 FIRST APPEAL NO.3556 OF 2016 WITH FA/3557/2016 WITH CA/5915/2013 IN FA/3557/2016 WITH CA/5913/2013 IN FA/3556/2016 DINAKAR BAYAJI TEKALE Mr. R.J. Nirmal, Advocate for respondent 7 FIRST APPEAL NO.4038 OF 2016 WITH CA/8387/2012 IN FA/4038/2016 THE STATE OF MAHARASHTRA AND ANR SHANKAR KASHINATH RAKH AND ORS

Mr. V.P. Savant, Advocate for respondent No.1 8 FIRST APPEAL NO.166 OF 2017 WITH CA/13933/2011 IN FA/166/2017 WITH X-OBJ(ST)/37512/20 IN FA/166/2017 THE STATE OF MAHARASHTRA AND ANR BHAGWAN DHONDIBA GARJE AND ORS Mr. D.Y. Bide, Advocate for respondent Nos.1 to 4 9 FIRST APPEAL NO.1740 OF 2017 BAPURAO RAJARAM YADAV AND OTHERS Mr. N.K. Tungar, Advocate for respondent Nos.1 to 9 10 FIRST APPEAL NO.2100 OF 2017 THE STATE OF MAHARASHTRA AND ANR BARIKRAO NEMAJI ANDHALE DIED THR LRS JALSABAI AND ORS Mr. N.K. Tungar, Advocate for respondent Nos.2, 3, 6 and 7b 11 FIRST APPEAL NO.2700 OF 2017 WITH FA/2706/2017 WITH FA/2703/2017 WITH FA/2704/2017 WITH FA/2702/2017 WITH FA/2701/2017

THE STATE OF MAHARASHTRA AND ANR EKNATH DAGADU WAGHMARE Mr. D.R. Jayabhar, Mr. P.P. Uttarwar and Mr. T.V. Waghmare, Advocates for respective respondents 12 FIRST APPEAL NO.2834 OF 2017 WITH CA/15012/2015 IN FA/2834/2017 SUBHASH MANIK SOLUNKE AND OTHERS Mr. N.K. Tungar, Advocate for respondent Nos.1 to 4 13 FIRST APPEAL NO.2869 OF 2017 WITH CA/16851/2015 IN FA/2869/2017 LAXMAN LOBHA DABADE AND ANOTHER Mr. N.K. Tungar, Advocate for respondent Nos.1 and 2 14 FIRST APPEAL NO.4809 OF 2017 WITH CA/3195/2012 IN FA/4809/2017 WITH CA/3194/2012 IN FA/4808/2017 WITH FA/4808/2017 THE STATE OF MAHARASHTRA GENA BAPUR LAKDE

Mr. R.T. Deshmukh, Advocate for respondent 15 CIVIL APPLICATION NO.10163 OF 2010 IN FAST/17780/2010 WITH CA/2903/2012 IN FAST/17946/2010 WITH CA/2906/2012 IN FAST/17944/2010 WITH CA/2904/2012 IN FAST/17780/2010 WITH CA/10165/2010 IN FAST/17944/2010 WITH CA/10164/2010 IN FAST/17946/2010 THE STATE OF MAHARASHTRA ASHRUBA RANGNATH LAKDE AND ANOTHERS Mr. A.M. Phule, AGP for appellants/applicants 16 CIVIL APPLICATION NO.10423 OF 2010 IN FAST/18988/2010 THE STATE OF MAHARASHTRAA AND ANR SAMBHAJI RAMBAU JADHAV DIED TH LRS UJWALA SAMBHAJI JADHAV AND ORS Mr. A.M. Phule, AGP for appellants/applicants Mr. R.V. Deshmukh, Advocate for respondent Nos.3 to 5 17 CIVIL APPLICATION NO.12586 OF 2011 IN FAST/16464/2011 WITH CA/12590/2011 IN FAST/16538/2011 WITH CA/12592/2011 IN FAST/16547/2011 WITH CA/12588/2011 IN FAST/16550/2011 THE STATE OF MAH THR COLLECTOR BEED AND ANR SHRIRAM NIVRUTTI MOKASE AND ORS Mr. A.M. Phule, AGP for appellants/applicants

Mr. M.K. Bhosle, Mr. T.M. Tandale, Mr. C.K. Shinde, Advocates for respective respondents 18 CIVIL APPLICATION NO.1708 OF 2012 IN FAST/371/2012 WITH CA/1709/2012 IN FAST/371/2012 WITH CA/1710/2012 IN FAST/375/2012 WITH CA/1711/2012 IN FAST/375/2012 WITH CA/1714/2012 IN FAST/378/2012 WITH CA/1715/2012 IN FAST/378/2012 WITH CA/1712/2012 IN FAST/382/2012 WITH CA/1713/2012 IN FAST/382/2012 WITH CA/1716/2012 IN FAST/386/2012 THE STATE OF MAHARASHTRA AND ANR ZUMBAR DAGDU BHAVAR Mr. A.M. Phule, AGP for appellants/applicants Mr. T.B. Bhosale, Advocate for respondent 19 CIVIL APPLICATION NO.4435 OF 2012 IN FAST/9422/2012 WITH CA/4437/2012 IN FAST/9285/2012 WITH CA/4439/2012 IN FAST/9285/2012 WITH CA/4440/2012 IN FAST/9413/2012 WITH CA/4441/2012 IN FAST/9413/2012 WITH CA/4436/2012 IN FAST/9422/2012 THE STATE OF MAH ANANT RAMCHANDRA KULKARNI AND ANR Mr. P.D. Suryawanshi, Mr. B.R. Sontakke Patil, Advocates for respective respondents 20 CIVIL APPLICATION NO.13685 OF 2012

IN FAST/27714/2012 WITH CA/13686/2012 IN FAST/27714/2012 THE STATE OF MAH AND ANR KONDIBA NAMDEV DHAKNE Mr. A.M. Phule, AGP for appellants/applicants 21 CIVIL APPLICATION NO.13687 OF 2012 IN FAST/27717/2012 WITH CA/13688/2012 IN FAST/27717/2012 THE STATE OF MAH AND ANR DNYANOBA SUKHDEV DHAKNE AND ANR Mr. A.M. Phule, AGP for appellants/applicants 22 CIVIL APPLICATION NO.13689 OF 2012 IN FAST/27873/2012 WITH CA/13690/2012 IN FAST/27873/2012 THE STATE OF MAH THR COLLECTOR RAJENDRA VITTHAL ZARAD AND ANR Mr. A.M. Phule, AGP for appellants/applicants 23 CIVIL APPLICATION NO.13691 OF 2012 IN FAST/27723/2012 WITH CA/13692/2012 IN FAST/27723/2012 THE STATE OF MAH AND ANR BHIVA BHAU KALE, DIED THR. L.RS. BALASAHEB AND ORS Mr. A.M. Phule, AGP for appellants/applicants

24 CIVIL APPLICATION NO.13693 OF 2012 IN FAST/27702/2012 WITH CA/13694/2012 IN FAST/27702/2012 THE STATE OF MAH RAM DASHRATH WADEKAR AND ORS Mr. A.M. Phule, AGP for appellants/applicants 25 CIVIL APPLICATION NO.4813 OF 2013 IN FAST/6462/2013 WITH CA/4814/2013 IN FAST/6462/2013 WITH CA/4815/2013 IN FAST/6492/2013 WITH CA/4816/2013 IN FAST/6492/2013 THE STATE OF MAHARASHTRA PARMESHWAR MAHADEV WANVE AND ANOTHER Mr. A.M. Phule, AGP for appellants/applicants 26 CIVIL APPLICATION NO.4893 OF 2013 IN FAST/5351/2013 WITH CA/4894/2013 IN FAST/5351/2013 TUKARAM BABA DHAS AND ANOTHER Mr. A.M. Phule, AGP for appellants/applicants 43 FIRST APPEAL NO.1529 OF 2016 WITH FA/1530/2016

YADA MAHADA KAPSE AND OTHERS Mr. S.B. Choudhari, Advocate for respondents

O R D E R

All these appeals are filed by the State challenging the enhancement of the compensation in respect of land acquisition by the Reference Court. Mr. Namdeo Tilekar, Sub Divisional Officer, Beed, Dist. Beed for Acquiring Body is present. He has tendered Authority Letter issued by the Acquiring Body, which is taken on record. Learned AGP Mr. A.M. Phule appearing for State is present. So also, the Advocates appearing for respective respondents are present. Learned AGP submits that in view of the policy decision taken by the Government vide Government Resolution No. ladh.kZ&2014@iz-dz41@Hkkx&1@v&4 fn- 3 uksOgsacj 2016 with Government Corrigendum dated 23rd February 2017 and 13th August, 2018 to the said Government Resolution, the Authority to whom the powers are granted has decided to settle the appeals. In view of the fact that the reference Court has enhanced the compensation within the outer limit prescribed in the Government

Resolution the Government has decided to withdraw the appeals/delay condonation applications with appeals.

Learned AGP submits that the Acquiring Body is verifying the fact as to whether the amount of compensation as granted by the Reference Court with interest has been deposited in the Court or not, but if at all in some matters it is not deposited the Acquiring Body is making a statement that they would deposit the same along with accrued interest within a period of six months from today.

In view of the said submission the First Appeals as well as the applications therein including applications for condonation of delay stand withdrawn.

Award be drawn accordingly.

Liberty is given to the Acquiring Body to deposit the entire amount of compensation together with interest with Reference Court within a period of six months from today, in those cases where the amount is not deposited.

Amount, if any, pending allowed to be withdrawn and in those cases also, where the amount would be deposited within six months, after it is deposited the original claimants would be allowed to

withdraw the said amount.

Refund of Court fees would be as per rules.

All the matters accordingly stand disposed of. Pending civil applications, if any, stand disposed of. Cross objections, if any, be removed from the board. (S.P. Brahme) (V.B. Mantri) (Smt. Vibha Kankanwadi, J.) Advocate D.J. (Retd.) Head of the Panel.

Member Member Date :11.02.2023.

Place : Aurangabad.

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