Godavari Marathwada Irrigation Devp. Corp. v. The State Of Mah And ORS

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE R.G. AVACHAT HELD ON 14th SEPTEMBER, 2019 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL (STAMP) NO.31841 OF 2011 WITH CIVIL APPLICATION NO.15748 OF 2011 AND FIRST APPEAL (STAMP) NO.31837 OF 2011 WITH CIVIL APPLICATION NO.15711 OF 2011 AND CIVIL APPLICATION NO.15712 OF 2011 AND CIVIL APPLICATION NO.15713 OF 2011 AND CIVIL APPLICATION NO.15714 OF 2011 AND FIRST APPEAL (STAMP) NO.31845 OF 2011 WITH CIVIL APPLICATION NO.15714 OF 2011 WITH CIVIL APPLICATION NO.15715 OF 2011 WITH CIVIL APPLICATION NO.15716 OF 2011 AND FIRST APPEAL (STAMP) NO.31841 OF 2011 WITH CIVIL APPLICATION NO.15746 OF 2011 WITH CIVIL APPLICATION NO.15747 OF 2011 - Mrs. Tatyasaheb Bhosle, Advocate for appellants Mr. R.B.Bagul, AGP for State

ORDER

Mr.Salim Shaikh, Sr. Engineer, G.M.I.D.C., Division No.1, Nanded, is present for the acquiring body. 2.

These appeals are filed by the acquiring body. 3.

Mr.Salim Shaikh, Sr. Engineer, made a statement that in view of the policy decision taken by the State Government vide Government Resolution No. संकीर-२०१४/pra.kra.४१/भाम-१/अ४दद. ३नोवहेबर, २०१६with Government Corrigendum dated 23rd February, 2017 and 13th August, 2018 to the said Government Resolution, the Corporation has decided to settle the present appeal by accepting the market rates as are determined by the Reference Court since the same are within the outer limits, as prescribed in the aforesaid Government Resolution. He states that the appeal may be allowed to withdraw.

4.

In this matter, the Reference Court has awarded interest under Section 34 or 28 of the Land Acquisition Act, 1894 on the amount of compensation in some cases from the date of possession and, in some cases from the date of issuance of the Notification under Section 4 of the Act. The learned Counsel submitted that in view of the Full Bench Judgment of this Court in the case of the State of Maharashtra Vs.

Kailash Shiva Rangari, 2016(4) BCR 1 and State of Maharashtra Vs. Ramesh Tukaram Meshram, 2018(1) All M.R. 645, such an interest under Section 34 or 28 of the Land Acquisition Act, 1894, granted, if any, can only be awarded from the date of award under Section 11 of the Act. The learned Counsel submitted that to the said extent the impugned awards need to be modified.

5.

In view of the above, these First Appeals are disposed of as withdrawn. Civil Application, if any, stands disposed of.

6.

Amount deposited in this Court, if any, be paid to the claimants.

(K.B.CHOUDHARY) (B.G. DASGAONKAR) (R.G. AVACHAT, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.09.2019 Place: Aurangabad.

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