The Executive Engineer Medium Project Division, Latur And ORS v. Dhanraj Bhujang Khadap

1 FAST 31253/2013 & Ors.

IN THE NATIONAL LOK ADALAT

PRESIDED OVER BY HON'BLE SHRI JUSTICE P.R.BORA, HELD ON 14 th JULY, 2018 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL (STAMP) NO. 31253 OF 2016 Executive Engineer, Medium Project Division, Latur

Versus

Bhaskar Raoji Khadap WITH CA 15858 OF 2016 IN FIRST APPEAL (STAMP) NO. 31253 OF 2016 WITH FAST/31346/2016 WITH CA/15860/2016 IN FAST/31346/2016 WITH CA/15861/2016 IN FAST/31346/2016 WITH FAST/31358/2016 WITH CA/15862/2016 IN FAST/31358/2016 WITH FAST/31340/2016 WITH CA/15864/2016 IN FAST/31340/2016 WITH CA/15865/2016 IN FAST/31340/2016 WITH FAST/31364/2016 WITH CA/15866/2016 IN FAST/31364/2016 WITH FAST/31367/2016 WITH CA/15868/2016 IN FAST/31367/2016 WITH CA/15869/2016 IN FAST/31367/2016 WITH FAST/31370/2016 WITH CA/15870/2016 IN FAST/31370/2016

2 FAST 31253/2013 & Ors. WITH FAST/31376/2016 WITH CA/15872/2016 IN FAST/31376/2016 WITH FAST/31373/2016 WITH CA/15874/2016 IN FAST/31373/2016 WITH FAST/31361/2016 WITH CA/15876/2016 IN FAST/31361/2016

O R D E R

1.

Not on board. Mentioned. Taken on board.

2.

All these appeals are filed by the Executive Engineer, Latur Medium Project, Latur, challenging Awards passed by the Reference Court in respective land acquisition references.

3.

Shri A.S. Pawar, Executive Engineer of the appellant/Acquiring Body is present before the Court. Appellant is represented by learned Advocate Shri Giri. Assistant Government Pleader Shri Fule is also present. 4.

It is informed that the Acquiring Body has deposited entire amount of compensation under the award passed by the Reference Court alongwith interest accrued thereon.

3 FAST 31253/2013 & Ors. 5.

Advocate Smt. S.L. Puri is present for Advocate Shri U.P. Giri as well as Advocate Shri N.B. Khandare, who are counsel for the appellant. It is informed that the appellant has now decided not to proceed with the present appeals in view of the Government Resolution (Revenue and Forest Department) No. - ladh.kZ & „Œƒ†@iz-dz- †ƒ/Hkkx& ƒ@v&† fnukad „3@„@„Œƒ‰ with corrigendum to the said Govt. Resolution vide No. ladh.kZ & „Œƒ†@iz-dz- †ƒ/Hkkx& ƒ@v&† fnukad †@‡@„Œƒ‰- It is further informed that the market value of the subject lands, determined by the Reference Court is less than four times of the ready reckoner rates prevailing as on date of acquisition. In such circumstances, in view of the Government Resolution referred above, the Acquiring Body has now resolved not to prosecute these appeals further.

6.

The learned Counsel, who is appearing for respondents i.e. original claimants in all these matters, submits that whatever amount has been deposited by the appellant is accepted by respondents by way of full and final settlement of the award passed by the Reference Court in their favour.

7.

In view of the above, the present appeals stand settled and disposed of.

4 FAST 31253/2013 & Ors. 8.

Amount deposited by the appellant if not yet withdrawn by the original claimants, either in full or part, it would be open for them to withdraw the same. 9.

Security, etc. submitted by the claimants for earlier withdrawal shall stand discharged.

10.

The appellant will be entitled for the refund of Court fee in accordance with law.

11.

Pending Civil Applications, if any, stand disposed of.

(K.B. Chaudhari) (A.T.A.K. Shaikh) ( P.R.BORA, ) ADVOCATE DISTRICT JUDGE(RETD.) JUDGE MEMBER MEMBER HEAD OF THE PANEL Date: 14th July, 2018 Place: Aurangabad