The G.M.I.D.C. Thr The Ex. Engineer, Minor Irrigation Division, Jalna And ORS v. Ganesh Kisan Thombare And ORS

1 134-FA 5164-17.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'

BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 12.11.2022, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO. 5164 OF 2017 The G.M.I.D.C. through the Ex. Engineer, Minor Irrigation Division, Jalna and others .. Appellants

Versus

Ganesh Kisan Thombare and others .. Respondents Mr. A. M. Gaikwad, Advocate for the Appellants. Mr. S. S. Patunkar, Advocate for Respondent No. 1. Mr. A. M. Phule, AGP for State.

O R D E R

( 12th November, 2022 ) .

The appeal is placed before today's Lok Adalat with the consent of the parties.

2.

Mr. R. P. Deshmukh, the Executive Engineer, Minor Irrigation Division, Jalna is present on behalf of Acquiring Body/State. The claimant is represented by Advocate Mr. Patunkar. [ 3.

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 3rd November, 2016 with Government Corrigendum dated 23rd

2 134-FA 5164-17.odt February, 2017 and 13th August, 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, this appeal is fit to dispose of before the Lok Adalat.

4.

The compromise pursis is taken on record and marked as "X" for the purpose of identification. Both the parties have agreed to settle the matter in terms of the judgment and order passed by this Court in First Appeal No. 5162/2017. The decree be drawn in terms of the same. 5.

It is submitted that the 100% of the amount was already deposited and withdrawn by the respondent/original claimant. If it is not withdrawn, the respondent/original claimant is at liberty to withdraw the same/remaining amount.

7.

The first appeal stands disposed of. The award be prepared in terms of this order.

3 134-FA 5164-17.odt 7A. Civil application, if any, pending may be disposed of. 8.

The Court fee certificate be issued as per the rules. ( A. R. BORULKAR ) ( S. G. SHETE ) ( KISHORE C. SANT, J. ) Advocate D.J. (Retd.) Head of Panel Member Member P.S.B.