Bombay High CourtFA/1888/2017

Gmidc Aurangabad Through Its Executive Engineer Urdhav Pravara Dharan Vighag Sangamner v. Raosaheb Sakharam Kharde And Another

2018-04-22Shri Justice J P Devadhar8 pages

1 Page Nos.15 to 22

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE P.R. BORA, HELD ON 22nd APRIL, 2018 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO.1888 OF 2017 CIVIL APPLICATION NO.11784 OF 2017 FIRST APPEAL NO.1888 OF 2017 FIRST APPEAL NO.1889 OF 2017 CIVIL APPLICATION NO. 11785 OF 2017 FIRST APPEAL NO.1889 OF 2017 FIRST APPEAL NO.4063 OF 2017 FIRST APPEAL NO.4064 OF 2017 FIRST APPEAL NO.4065 OF 2017 FIRST APPEAL NO.4066 OF 2017 FIRST APPEAL NO.4067 OF 2017 FIRST APPEAL NO.4069 OF 2017 FIRST APPEAL NO.4071 OF 2017 FIRST APPEAL NO.4072 OF 2017 FIRST APPEAL NO.4073 OF 2017 FIRST APPEAL NO.4074 OF 2017 FIRST APPEAL NO.4075 OF 2017

2 Page Nos.15 to 22 FIRST APPEAL (ST) NO.25355 OF 2013 CIVIL APPLICATION NO.1348 OF 2014 FIRST APPEAL (ST) NO.25355 OF 2013 FIRST APPEAL (ST) NO.25361 OF 2013 CIVIL APPLICATION NO.1304 OF 2014 FIRST APPEAL (ST) NO.25361 OF 2013 FIRST APPEAL (ST) NO.25364 OF 2013 CIVIL APPLICATION NO.1297 OF 2014 FIRST APPEAL (ST) NO.25364 OF 2013 FIRST APPEAL (ST) NO.25367 OF 2013 CIVIL APPLICATION NO.1336 OF 2014 FIRST APPEAL (ST) NO.25367 OF 2013 FIRST APPEAL (ST) NO.25376 OF 2013 CIVIL APPLICATION NO.1330 OF 2014 FIRST APPEAL (ST) NO.25376 OF 2013 CIVIL APPLICATION NO.1329 OF 2014 FIRST APPEAL (ST) NO.25376 OF 2013 FIRST APPEAL (ST) NO.25909 OF 2013 CIVIL APPLICATION NO.1295 OF 2014 FIRST APPEAL (ST) NO.25909 OF 2013

3 Page Nos.15 to 22 CIVIL APPLICATION NO.1294 OF 2014 FIRST APPEAL (ST) NO.25909 OF 2013 FIRST APPEAL (ST) NO.25922 OF 2013 CIVIL APPLICATION NO.1306 OF 2014 FIRST APPEAL (ST) NO.25922 OF 2013 CIVIL APPLICATION (ST) NO.28872 OF 2017 FIRST APPEAL (ST) NO.25922 OF 2013 FIRST APPEAL (ST) NO.25924 OF 2013 CIVIL APPLICATION NO.1324 OF 2014 FIRST APPEAL (ST) NO.25924 OF 2013 FIRST APPEAL (ST) NO.25928 OF 2013 CIVIL APPLICATION NO.1307 OF 2014 FIRST APPEAL (ST) NO.25928 OF 2013 CIVIL APPLICATION NO.1308 OF 2014 FIRST APPEAL (ST) NO.25928 OF 2013 FIRST APPEAL (ST) NO.26785 OF 2013 CIVIL APPLICATION NO.1289 OF 2014 FIRST APPEAL (ST) NO.26785 OF 2013 FIRST APPEAL (ST) NO.26794 OF 2013 CIVIL APPLICATION NO.1337 OF 2014

4 Page Nos.15 to 22 FIRST APPEAL (ST) NO.26794 OF 2013 CIVIL APPLICATION NO.1338 OF 2014 FIRST APPEAL (ST) NO.26794 OF 2013 FIRST APPEAL (ST) NO.26798 OF 2013 CIVIL APPLICATION NO.1350 OF 2014 FIRST APPEAL (ST) NO.26798 OF 2013 CIVIL APPLICATION NO.1349 OF 2014 FIRST APPEAL (ST) NO.26798 OF 2013 FIRST APPEAL (ST) NO.26802 OF 2013 CIVIL APPLICATION NO.1318 OF 2014 FIRST APPEAL (ST) NO.26802 OF 2013 CIVIL APPLICATION NO.1317 OF 2014 FIRST APPEAL (ST) NO.26802 OF 2013 FIRST APPEAL (ST) NO.26814 OF 2013 CIVIL APPLICATION NO.1341 OF 2014 FIRST APPEAL (ST) NO.26814 OF 2013 CIVIL APPLICATION NO.1342 OF 2014 FIRST APPEAL (ST) NO.26814 OF 2013 FIRST APPEAL (ST) NO.26818 OF 2013 CIVIL APPLICATION NO.1299 OF 2014

5 Page Nos.15 to 22 FIRST APPEAL (ST) NO.26818 OF 2013 CIVIL APPLICATION NO.1298 OF 2014 FIRST APPEAL (ST) NO.26818 OF 2013 CIVIL APPLICATION (ST) NO.28878 OF 2017 FIRST APPEAL (ST) NO.26818 OF 2013 FIRST APPEAL (ST) NO.5999 OF 2014 FIRST APPEAL (ST) NO.6008 OF 2014 FIRST APPEAL (ST) NO.6025 OF 2014 FIRST APPEAL (ST) NO.33959 OF 2016 CIVIL APPLICATION NO.449 OF 2017 FIRST APPEAL (ST) NO.33959 OF 2016 (Page Nos.15 to 22, Exh. "A-1") Appearance :- Advocate for respective :

Shri K.B. Jadhavar, appellants /Acquiring Body Shri P.S. Patil Advocate for respondents/ claimants :

Shri R.L. Kute Assistant Government Pleaders:

Shri A.M. Phule, for State Shri B.V. Virdhe, Shri S.S. Dande.

Officer : Shri Ravindra Trimbak Bagul, Executive Engineer U.P.C.D Sangamner ......

6 Page Nos.15 to 22

O R D E R

All these appeals are filed by the Executive Engineer Urdhva Pravara Canel Division, Sangamner, Dist. Ahmednagar challenging the Awards passed by the reference Courts under Section 18 of the Land Acquisition Act. Shri Ravindra Trimbak Bagul, Executive Engineer Urdhva Pravara Canel Division, Sangamner is present before the Panel. Learned Counsel, Shri K.B. Jadhavar and Shri P.S. Patil for the Acquiring Body are also present before the Panel. Learned Counsel, Shri R.L. Kute appearing in most of the matters for the claimants is also present before the Panel. Learned Counsel submits that, in 6 matters wherein he has not yet filed power, he has instructions to appear on behalf of the said claimants also. Shri Kute is thus appearing for the claimants in all these matters. 2.

It is informed that, the Acquiring Body / State has deposited the entire amount of compensation as per the Awards impugned in the present appeals. It is further informed that, in view of the policy adopted by the Government vide Government

7 Page Nos.15 to 22 Resolution dated 3rd November, 2016 read with Corrigendum dated 23rd February, 2017, the Acquiring Body / State has now resolved not to prosecute these appeals further. Learned Counsel for the claimants fairly submitted that, the claimants will not claim the interest of the period spent by the Acquiring Body / State in depositing the amount in this Court after the direction was issued by this Court to pay the said amount. In view of the submissions so made, all these appeals stand settled and disposed of in the aforesaid terms.

The Awards impugned in the present appeals stand confirmed. The claimants will not claim the interest of the period taken by the Acquiring Body in depositing the amount of compensation in this Court from the date the amount was directed to be deposited till the date of its deposit. 4.

The deposited amount be transmitted to the respective reference Courts so as to facilitate its withdrawal by the respective claimants.

Civil Applications, if any, stand disposed of.

8 Page Nos.15 to 22 6.

The appellants are entitled for the refund of the court fees as per rules.

( K. C. SANT) (P.S. PARANJAPE) ( P. R. Bora, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 22.04.2018 Place: Aurangabad.

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