Executive Engineer, Urdhava Pravara Dharan Vibhag, Ghulewadi Thr Gmidc Aurangabad And Another v. Dhondiba Nathu Bibve

( 1 )

IN THE NATIONAL LOK ADALAT

PRESIDED OVER BY HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, HELD ON 12th DECEMBER, 2020 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AT AURANGABAD 13 CIVIL APPLICATION NO.13708 OF 2015 IN F.A.ST.No. 29176/2015 THE EXECUTIVE ENGINEER, URDHAVA PRAVARA DHARAN VIBHAG, GHULEWADI THR.GMIDC, AURANGABAD AND ANR ...Applicants

Versus

DHONDIBA S/O NATHA BIBVE (DIED), THR THE LEGAL HEIRS VILAS S/O DHONDIBA BIBVE & ANR

...Respondents

...

Mr. Arvind N. Gaddime, learned Advocate for Applicant No.1 Mr. A.M. Phule, learned A.G.P. for Applicant No.2/State Mr.Dnyaneshwar A. Bide,learned Advocate for Respondents ...

O R D E R

1.

This matter is placed before us in today's National Lok Adalat.

2.

It is an application for condonation of delay. The delay is condoned with the consent of both the sides and accordingly application is disposed of.

3.

The Registry is directed to register the appeal forthwith as per the rules.

4.

Mr.Phule, learned, AGP for the appellants/State - acquiring body along with the officer Mr. Arun Rupchand Kakde (Sr.Clerk) is present. Mr.Phule has placed on 1/3

( 2 ) record one letter dated 11/12/2020 regarding the matter to be placed in today's National Lok Adalat.

5.

Mr.Phule, learned AGP for the State - acquiring body further submits that the group of matters arrived out of the same award has been settled in previous National Lok Adalat, held on 8th February, 2020. This is the only matter left out.

6.

Mr. Phule, learned AGP for the State and Mr.Bide, learned Advocate for the respondent/original claimant submit that compensation awarded by the reference Court has been deposited in the High Court and 50% amount of the compensation has been withdrawn by the respective claimants/respondents and the remaining 50% amount of the compensation is still lying with the High Court. The compensation amount awarded by the reference Court is covered by the Government Resolution dated 03/11/2016 and subsequent Corrigendums dated 23/02/2017 and 13/08/2018. 7.

The appellants - acquiring body intend to withdraw the appeal. Mr.Bide, the learned Advocate for the respondent/original claimant has no objection to withdraw the same.

8.

The Appeal stands disposed of as withdrawn.

2/3

( 3 ) 9.

The respective respondent/original claimant are at liberty to withdraw the remaining amount of the compensation lying with the High Court, along with accrued interest thereon. The Registry to make the payment. 9.

The court fee refund certificate be issued to the appellant/State as per the rules.

10.

Pending the civil application/s, if any, is/are disposed of.

11.

Parties to bear their own costs.

(S.P. BRAMHE) (S.G. SHETE) (SHRIKANT D. KULKARNI) ADVOCATE DIST.JUDGE(Retd.) JUDGE Member Member HEAD OF THE PANEL Date : 12th December, 2020 Place: Aurangabad sarowar 3/3