The Ex. Engineer, Pathbandhare Majbutikaran Div. Omerga (Under K.K.V.M., Pune) And ORS v. Gunabai Babarao Dagade (Died) Thr Lrs Shantabai And ORS

1 1088-FA-3577-18.odt

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 1088 FIRST APPEAL NO.3577 OF 2018 THE EX. ENGINEER, PATHBANDARE MAJBUTIKARAN DIV. OMERGA (UNDER K.K.V.M., PUNE) AND OTHERS

VERSUS

GUNABAI BABARAO DAGADE (DIED) THR LRS SHANTABAI AND OTHERS

O R D E R

1.

Mr. G.B. Rajale, learned counsel holding for appellant/acquiring body, Ms. L.R. Thakur, learned counsel holding for Mr. L.C. Patil, learned counsel for respondents/claimants are present. 2.

This Appeal is placed before 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 submitted 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.

2 1088-FA-3577-18.odt 4.

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

5.

In view of terms of settlement arrived between the parties, this appeal is disposed of with modification in the award passed by the Reference Court under Sections 18 of the Land Acquisition Act, 1894 to the extent of interest under Sections 28 and 34 of the land Acquisition Act, 1894. The award passed by the Reference Court is modified to the extent of interest under Sections 28 and 34 of the Land Acquisition Act, 1894. 6.

The acquiring body shall deposit the amount of settlement within a period of 8 (eight) months from today in the Reference Court. In case of failure on the part of acquiring body, the appellants/claimants are entitled to claim statutory interest accrued thereon in view of the provisions of Land Acquisition Act, 1894.

7.

The appellants/claimants are entitled to withdraw the amount deposited by the acquiring body with interest accrued thereon, if any. 8.

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.

3 1088-FA-3577-18.odt 9.

The award/decree be drawn up in terms of compromise. 10.

The Civil Application/s pending if any, also stand/s disposed of. 11.

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