Bombay High CourtFA/3037/2015compramised

The Executive Engineer Lower Terna Canal Division No.2 Latur Under Gmidc Aurangabad And Others v. Narsing Sadashiv Pawar

2019-03-17Shri Justice J P Devadhar2 pages

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 16 FIRST APPEAL NO.3037 OF 2015 WITH CA/12462/2014 IN FA/3037/2015 WITH FA/3033/2015 WITH CA/12464/2014 IN FA/3033/2015 WITH FA/3034/2015 WITH CA/12472/2014 IN FA/3034/2015 WITH FA/3035/2015 WITH CA/12466/2014 IN FA/3035/2015 WITH FA/3036/2015 WITH CA/12470/2014 IN FA/3036/2015 WITH FA/3038/2015 WITH CA/12468/2014 IN FA/3038/2015 THE EXECUTIVE ENGINEER LOWER TERNA CANAL DIVISION NO.2 LATUR UNDER GMIDC AURANGAB

VERSUS

NARSING SADASHIV PAWAR ...

O R D E R

Advocate Mr. B.A. Shinde appearing for the acquiring body along with Mr. Sanjay Vishnupant Jewalikar, Executive Engineer, Lower Terna Canal Division No.2, Latur is present. Advocate Mr. C.R. Deshpande is appearing for respondents/claimants.

The statement is made that the entire amount is deposited in this Court by the acquiring body. The only dispute is in respect of the interest under Section 28 and 34 of the Land Acquisition Act. In view of decision in the State of Maharashtra vs. Kailash Shiva Rangari, 2016 (4) All M.R., 513 (F.B.) and State of Maharashtra vs. Ramesh Tukaram

FA_3037_2015 Meshram and another, 2018 (1) All M.R., 645, the parties agreed that the interest should be awarded from the date of the Award of Special Land Acquisition Officer and accordingly the Award can be passed. In view of this compromise the First Appeals as well as Civil Applications are disposed of as compromised with above said terms. Court fee be refunded as per rules. After calculating the amount excess amount deposited, if any, be refunded to the acquiring body.

Claimants are entitled to withdraw the amount deposited in this Court as per the proportion granted in the impugned Award. Pending Civil Applications, if any, are also disposed of. (K.B. Choudhari) (V.B. Mantri) (Smt. Vibha Kankanwadi, J.) Advocate D.J. (Retd.) Head of the Panel.

Member Member Date :17.03.2019.

Place : Aurangabad.

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