Gmidc Ltd Through Executive Engineer M I W Minor Irrigation Latur v. Uttam Bhurangrao Gaikwad And ANR

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 8TH SEPTEMBER, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 80 FIRST APPEAL NO. 1497 OF 2011 WITH CA/1607/2011 IN FA/1497/2011 WITH FA/1498/2011 WITH CA/1610/2011 IN FA/1498/2011 WITH CA/1609/2011 IN FA/1498/2011 WITH FA/1499/2011 WITH CA/1615/2011 IN FA/1499/2011 WITH CA/1616/2011 IN FA/1499/2011 WITH FA/1500/2011 WITH CA/1630/2011 IN FA/1500/2011 WITH CA/1631/2011 IN FA/1500/2011 WITH FA/1501/2011 WITH CA/1627/2011 IN FA/1501/2011 WITH CA/1628/2011 IN FA/1501/2011 WITH FA/1502/2011 WITH CA/1625/2011 IN FA/1502/2011 WITH CA/1624/2011 IN FA/1502/2011 WITH FA/1503/2011 WITH CA/1637/2011 IN FA/1503/2011 WITH CA/1636/2011 IN FA/1503/2011 WITH FA/1504/2011 WITH CA/1619/2011 IN FA/1504/2011 WITH CA/1618/2011 IN FA/1504/2011 WITH FA/1505/2011 WITH CA/1612/2011 IN FA/1505/2011 WITH CA/1613/2011 IN FA/1505/2011 WITH FA/1506/2011 WITH CA/1640/2011 IN FA/1506/2011 WITH CA/1639/2011 IN FA/1506/2011 GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD

VERSUS

BALIRAM RAMRAO SOLUNKE AND ANR .....

Advocate for Appellant : Mr. Sambhaji S Tope AGP for Respondents: Mr. R.B. Bagul .....

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O R D E R

1.

Ms. Rupali Thombre, Executive Engineer, Latur Minor Irrigation Division, Latur and Mr. C.H. Dongaonkar, Deputy Engineer, Legal Services are present in person before the panel. Mr. S.S. Tope, learned counsel for the appellant-acquiring body and Mr. R.B. Bagul, learned A.G.P. for the respondent-State authorities are

-2also present.

2.

Mr. Tope, learned counsel appearing for appellant acquiring body, on instructions from the officers, who are present before the panel, submits that the rate awarded by the impugned judgment and award passed by the reference court is less than four times of the rate awarded by the S.L.A.O. and thus in tune with the Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017 seeks leave to withdraw these first appeals. 3.

In terms of the award passed by the reference court, the acquiring body has deposited the entire compensation amount. The acquiring body has also taken decision to settle the dispute finally, which squarely falls in the category of aforesaid Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017.

4.

So far as the grant of interest is concerned, the same would be from the date of award under Section 11 of the Land Acquisition Act, in view of the judicial pronouncement of this Court in the case of State of Maharashtra vs. Kailash Shiva Rangari, reported in 2016(4) ALL MR 813 (F.B.).

-35.

In view of above, leave granted. All first appeals are disposed of as withdrawn. Court fees be refunded as per Rules. Pending civil applications are also disposed of.

(K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 08.09.2018 Place: Aurangabad rrd/