Ex. Engineer, Jalna Minor Irrigation Division, Jalna Under G.M.I.D.C., Aurangabad And ORS v. Sahebrao Namdeo Thombre (Died) Thr Lrs Jijabai And ORS

1 136-FA 3675-18.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. 3675 OF 2018 Ex. Engineer, Jalna Minor Irrigation Division, Jalna, under G.M.I.D.C., Aurangabad and others .. Appellants

Versus

Sahebrao Namdeo Thombre (Died) Through L.Rs. Jijabai and others .. Respondents Mr. B. R. Surwase, Advocate for the Appellants. Mr. Swapnil Joshi, Advocate for Respondents.

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

2 136-FA 3675-18.odt dated 3rd November, 2016 with Government Corrigendum dated 23rd 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It is submitted that the 50% of the amount was already deposited and withdrawn by the respondent/original claimant. 6.

The appellants to deposit the remaining amount of 50% in this Court within a period of six (06) months from today. The respondent/original claimant is at liberty to withdraw the same after the amount is deposited.

7.

The first appeal stands disposed of. The award be prepared in

3 136-FA 3675-18.odt terms of this order.

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.