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Bombay High CourtCA/2086/2013disposed off

The State Of Mah Thr Collector And ORS v. Musa Mittu Attar

2023-02-11Lok Adalat4 pages

( 1 )

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 11.02.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

47 FIRST APPEAL NO.1116 OF 2016 WITH X-OBJ(ST)/34361/20 IN FA/1116/2016 THE STATE OF MAHARASHTRA

VERSUS

JAMMU HUSSAIN DAUD AND OTHERS 49 FIRST APPEAL NO.1426 OF 2016 WITH FA/3158/2016 THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD

VERSUS

BABRUWAN YESHWANT WADVARAO AND ANOTHER 50 FIRST APPEAL NO.2343 OF 2016 WITH FA/2344/2016 WITH CA/6597/2011 IN FA/2344/2016 WITH CA/6595/2011 IN FA/ 2343/2016 THE STATE OF MAHARASHTRA AND ANR

VERSUS

ABHIMAN DATTATRAY CHAUDHARY 51 FIRST APPEAL NO.3263 OF 2017 WITH FA/3264/2017 THE STATE OF MAHARASHTRA

VERSUS

VASUDEO BHIMASHANKAR SUL AND ANOTHER 52 FIRST APPEAL NO.3960 OF 2017 THE STATE OF MAHARASHTRA AND ANR

VERSUS

NAVNATH ACHYUT NIKAM 53 CIVIL APPLICATION NO.15897 OF 2010 IN FAST/28530/2010 THE STATE OF MAHARASHTRA

VERSUS

MADHAV DATTATRAYA KADAM 54 CIVIL APPLICATION NO.6592 OF 2011 IN FAST/12987/2011 WITH CA/6593/2011 IN FAST/12987/2011 THE STATE OF MAHARASHTRA AND ANR

( 2 )

VERSUS

NAGU DAGADU WAGH AND ORS 55 CIVIL APPLICATION NO.8486 OF 2011 IN FAST/13456/2011 WITH CA/8487/2011 IN FAST/13456/2011 THE STATE OF MAHARASHTRA AND ORS

VERSUS

MACHINDRA PANDURANG GAVANE DIED LRS UTTAM MACHINDRA GAVANE AND ORS 56 CIVIL APPLICATION NO.9517 OF 2011 IN FAST/13970/2011 THE STATE OF MAH THR. COLLECTOR OSMANABAD AND ANR

VERSUS

ISMAIL KASIM 59 CIVIL APPLICATION NO.13960 OF 2011 IN FAST/25106/2011 WITH CA/13961/2011 IN FAST/25106/2011 THE STATE OF MAHARASHTRA AND ANR

VERSUS

ACHYUT MARUTI NIKAM 60 CIVIL APPLICATION NO.15301 OF 2011 IN FAST/29333/2011 WITH CA/15292/2011 IN FAST/29301/2011 WITH CA/15297/2011 IN FAST/29323/2011 WITH CA/15315/2011 IN FAST/29346/2011 WITH CA/15295/2011 IN FAST/29350/2011 THE STATE OF MAH THR. COLLECTOR, OSMANABAD AND ANR

VERSUS

NAMDEO NAGU MADAKE 61 CIVIL APPLICATION NO.2085 OF 2013 IN FAST/30620/2012 WITH CA/2086/2013 IN FAST/30620/2012 THE STATE OF MAH THR COLLECTOR AND ORS

VERSUS

MUSA MITTU ATTAR Mr.B.V. Virdhe, AGP for the appellant/State.

O R D E R

[11th February, 2023] 01.

These matters are placed before us in today's Lok-Adalat. Mr. Rajkumar Mane, Dy. Collector, Land Acquisition, Medium Project, Osmanabad

( 3 ) is present.

02.

The learned AGP submits that the above numbered group of appeals is squarely covered by Government Resolution No. Sankirna-2014/pra.kra4/Bham-1/A-4 dated 03.11.2016 with Government Corrigendum dated 23.02.2017 and 13.08.2018 to the said Government Resolution. Hence, the group of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly the State is withdrawing these appeals.

03.

The learned AGP states that entire amount in these appeals has been deposited and later-on the said amount has been withdrawn by the original claimants by obtaining orders from this Court. He submits that in these circumstances nothing survived in these appeals. 04.

However, before disposing off the appeals, it is further clarified that in case the amount is not deposited as per the award, the State Government undertakes to deposit the said amount within a period of six months in the concerned Reference Court. If the amount is not deposited within six weeks, then it shall carry the interest in terms of Section 28 or 34 of the Act, as the case may be. If the amount is not withdrawn by the claimants/ respondents, same is allowed to be withdrawn and office to allow withdrawal. If the said amount is not deposited, the claimants are at liberty to withdraw the said amount after the amount is deposited.

( 4 ) 05.

The first appeals stand disposed off as withdrawn. No order as to costs.

06.

Pending civil application/s, if any, stand/s disposed off. 07.

The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act.

08.

No order is necessary on the cross-objection/s. The parties are free to prosecute the same.

[A.R. BORULKAR] [S.G. SHETE] [KISHORE C. SANT, J.] Advocate District Judge (Retd.) Head of Panel Member Member snk/Lokadalat/fa1116.16