Exe. Engineer, Jalna Minor Irrigation Div., Jalna Under G.M.I.D.C. Aurangabad And Others v. Shaikh Musa Sk. Ismail

( 1 )

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 30.04.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 75 FIRST APPEAL NO.630 OF 2022 WITH CA/1827/2023 IN FA/630/2022 WITH CA/3019/2022 IN FA/630/2022 BHAKTIDAS MAHADEO GAIKWAD 76 FIRST APPEAL NO.631 OF 2022 WITH CA/1826/2023 IN FA/631/2022 WITH CA/3013/2022 IN FA/631/2022 SY. MAHEMUD S/O SY. KARIM 77 FIRST APPEAL NO.632 OF 2022 WITH CA/1824/2023 IN FA/632/2022 WITH CA/3029/2022 IN FA/632/2022 G.M.I.D.C. AURANGABAD AND OTHERS SHAIKH MUSA SK. ISMAIL 78 FIRST APPEAL NO.657 OF 2022 WITH CA/1828/2023 IN FA/657/2022 WITH CA/3068/2022 IN FA/657/2022 SUBHASH JAGANNATHAPPA PASLEGAONKAR

( 2 ) 79 FIRST APPEAL NO.662 OF 2022 WITH CA/1879/2023 IN FA/662/2022 WITH CA/3016/2022 IN FA/662/2022 MADAN SANATAN ADHE 80 FIRST APPEAL NO.664 OF 2022 WITH CA/1884/2023 IN FA/664/2022 WITH CA/3066/2022 IN FA/664/2022 G.M.I.D.C., AURANGABAD AND OTHERS EKNATH RANGNATH ADHE 81 FIRST APPEAL NO.665 OF 2022 WITH CA/1822/2023 IN FA/665/2022 WITH CA/3027/2022 IN FA/665/2022 VILAS PANDURANG RATHOD 82 CA/1820/2023 IN FA/809/2022 WITH CA/3045/2022 IN FA/809/2022 LASHKAR NEMAJI ADHE (DIED) THR LRS PARUBAI LASHKAR ADHE AND OTHERS VERSUS EX. ENGINEER, JALNA MINOR IRRIGATION DIV. JALNA UNDER GMIDC, AURANGABAD AND ORS 84 FIRST APPEAL NO.811 OF 2022 WITH CA/1823/2023 IN FA/811/2022 WITH CA/3021/2022 IN FA/811/2022 GAYABAI W/O DASHRATH THORAT

( 3 ) 85 FIRST APPEAL NO.812 OF 2022 WITH CA/1825/2023 IN FA/812/2022 WITH CA/3037/2022 IN FA/812/2022 PREMCHAND S/O KHEMA RATHOD AND ORS 86 FIRST APPEAL NO.814 OF 2022 WITH CA/1881/2023 IN FA/815/2022 WITH CA/1821/2023 IN FA/814/2022 WITH FA/815/2022 WITH CA/3151/2022 IN FA/815/2022 WITH CA/3154/2022 IN FA/814/2022 G.M.I.D.C., AURANGABAD AND OTHERS ATUL KRUSHNKANT ASHTIKAR AND ANOTHER ...

Mr. B. R. Survase, Advocate for the appellant Mr. Deepak M. Kakade, Advocate for the applicant & respondent in respective matters Mr. Deepak S. Kale, AE-II, Jalna GMIDC is present

O R D E R

(30th APRIL, 2023) 1.

These appeals are placed before us in today's National Lok Adalat.

2.

The learned advocates for the acquiring body/State and the claimants fairly conceded that the Government of Maharashtra vide Government Resolution No. Sankirna-2014/Pra.Kra.4/Bham-1/A-4 dated 03-11-2016 with Government Corrigendum dated 23-02-2017 and

( 4 ) 13-08-2018 to the said Government Resolution took decision to settle the appeals by accepting the market rates determined by the Reference Court, which are within parameters set out in the Government Resolution. The statement made by both the learned advocates is in consonance with the recitals in the Government Resolution. In turn, these appeals are fit to be disposedof before the Lok Adalat. 3.

The learned advocate for both the parties further submit that as far as the interest under Section 28 and 34 of the Land Acquisition Act, 1894 (for short 'Act') awarded by the SLAO as well as Reference Court shall be as per verdict by the Full Bench in the case of State of Maharashtra VS Kailash Shiva Rangari, 2016 (4) ALL MR 513 and the Hon'ble Single Judge in the case of State of Maharashtra Vs Ramesh Tukaram Meshram 2018 (1) ALL MR 645. In turn, they submit that the impugned award may be modified to that extent as far as interest is concerned.

4.

Having considered the legal position ruled in both the aforesaid judgments, the impugned award/s stands modified. The interest shall be calculated, if required as per these two judgments. 5.

Acquiring body/State shall deposit the amount of compensation as per modified award within six months from the date of this order. The learned advocates for both the parties further submit fairly that the amount shall not carry interest which would be deposited

( 5 ) within period of six months. The statement is accepted. However, it is clarified, if the amount is deposited after six months, it shall carry the interest in terms of Section 28 or 34 of the Act, as the case may be. 6.

The learned advocates for both the parties further made submission on the point of amount deposited. As far as the amount, if any, already deposited and withdrawn either party or fully, shall be considered at the time of final disbursement in terms of the present award.

7.

The amount deposited in this court or that would be deposited be transmitted to the concerned Reference Court with further directions to disburse the said amount to the claimants in terms of this award and excess amount, if any, to the Acquiring Body. 8.

The applicants are at liberty to make appropriate application for withdrawal before the reference court. If the amount in the terms of compromise above is not deposited within six months, the claimants are at liberty to file Execution Proceeding before the Reference Court.

9.

The appeals stand disposed off. The award be prepared in terms of this order.

10.

The civil application if any, except the application to bring

( 6 ) on record legal heirs, stand disposed off.

11.

The court fees certificate be issued as per the Rules. [A. R. BORULKAR] [S. G. SHETE] [KISHORE C. SANT, J.] Advocate DJ (Retd.) Head of Panel Member Member VishalK/75fa630.22