The Godavari Marathwada Irrigations Development Corporation, Aurangabad Thr The Exe Engineer And Or v. Asaram Dnyanoba Hirwe

1 224.17FA.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'

BLE SHRI JUSTICE SHRIKANT D. KULKARNI, J.

HELD ON 25Th SEPTEMBER, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 971 FIRST APPEAL NO.224 OF 2017 THE GODAVARI MARATHWADA IRRIGATIONS DEVELOPMENT CORPORATION, AURANGABAD & OTHERS

VERSUS

ASARAM DNYANOBA HIRWE ...

O R D E R

1] This matter is placed before the Panel of Today's National Lok Adalat.

2] Mr.S.C.Arora, learned counsel holding for Mr.P.R.Tandale, learned counsel for the appellant - acquiring body, Mr.A.H.Korhalkar, learned counsel for the respondent - claimants and Mr.P.B.Jadhav, Executive Engineer, Jalna Irrigation Division, Jalna, are present. They have filed joint pursis for withdrawal of the Appeal, in view of the settlement between the parties. They submit that in view of settlement between the parties, the appellant - acquiring body does not want to prosecute the appeal and intends to withdraw the same. 3] Mr.Korhalkar, learned counsel for the respondent - claimants has no objection.

4] The pursis for withdrawal of appeal is taken on record and marked as 'X' for identification.

2 224.17FA.odt 5] In view of the settlement between the parties and in view of pursis placed on record, appeal is hereby disposed of as withdrawn. 6] In view of settlement between the parties, the claimants are entitled to get statutory benefits i.e. interest under Sections 28 and 34 of the Land Acquisition Act, 1894, in view of the Full Bench Judgment in the case of State of Maharashtra vs. Kailash Shiva Rangari, 2016 (4) ALL MR 513.

7] The Court fees refund certificate be issued as per the Rules in favour of the appellant - acquiring body. Registry to take necessary steps to that effect.

8] Civil Application, if any, stands disposed of. 9] No order as to costs.

( K. C. Sant ) ( V. B. Mantri ) (SHRIKANT D. KULKARNI, J. ) Advocate District Judge (Retd.) Head of the Panel Member Member Date : 25.09.2021.

Place : Aurangabad.

DDC