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Bombay High CourtFA/2250/2019disposed off

Umakant Bhanudas Manwatkar (Died) Thr Lrs Shalan And ORS v. Ex. Engineer, Nimna Dhudhana Project Selu And ORS

2021-09-25Lok Adalat3 pages

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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 1012 FIRST APPEAL NO.2106 OF 2019 WITH FA/2107/2019 WITH FA/2250/2019 WITH FA/2251/2019 BHANUDAS NANABHAU MANWATKA (DIED) THROUGH LRS. GANESH AND OTHERS

VERSUS

EX. ENGINEER, NIMNA DHUDHAA PROJECT SELU AND OTHERS AND FIRST APPEAL NO. 2107 OF 2019 SURESH BHANUDAS MANWATKR

VERSUS

THE SPECIAL LAND ACQUISITION OFFIER, MIW, JALNA AND OTHERS AND FIRST APPEAL No. 2250 of 2019 UMAKANT BHANUDAS MANWATKAR (DIED) THROUGH LRS. SHALAN AND OTHERS

VERSUS

EX. ENGINEER, NIMNA DHUDHAA PROJECT SELU AND OTHERS AND FIRST APPEAL No. 2251 of 2019 GANESH BHANUDAS MANWATKAR

VERSUS

EX. ENGINEER, NIMNA DHUDHAA PROJECT SELU AND OTHERS

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O R D E R

1.

Mr. Dinesh Manwatkar, learned counsel holding for Mr. S.S. Randive, learned counsel for the appellants/claimants, Mr. S.C. Arora, learned counsel holding for Mr. S.G. Karlekar, learned counsel for acquiring body, Mr. B.V. Virdhe, learned AGP for the respondent/State and Mr. P.B. Jadhav, Executive Engineer, Jalna Irrigation Division, Jalna are present.

2.

These First Appeals are placed before this panel of today's National Lok Adalat in view of settlement between the parties. 3.

Learned counsel appearing for the respective sides and concerned parties submitted that they have settled their dispute amicably and they have placed on record terms of compromise. They further submit that the matters have been fully and finally settled between the parties. The compromise pursis / terms of compromise are taken on record and marked as 'X' for identification.

4.

They submitted that in view of amicable settlement between the parties described in the compromise pursis, these appeals may be disposed of.

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In view of amicable settlement arrived between the parties and in terms of compromise, these appeals stand disposed of. It is a full and final settlement arrived between the parties.

6.

The acquiring body shall deposit the settlement amount as agreed within eight (08) months from today in this Court. 7.

The appellants/claimants are entitled to withdraw the amount deposited by the acquiring body.

8.

The appellants/claimants are entitled to get interest under Sections 28 and 34 of the Land Acquisition Act, 1894 in view of Full Bench decision of this Court in case of State of Maharashtra Vs Kailash Shiva Rangari reported in 2016 (4) ALL MR 513.

9.

The Court fee refund certificate be issued as per the rules in favour of the appellants/claimants. Registry to take necessary steps to that effect. 10.

The award/decree be drawn up in terms of compromise. 11.

The Civil Application/s pending if any, also stand/s disposed of. 12.

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.

S P Rane