Bombay High CourtFA/525/2016disposed offdismissed for default

The Executive Engineer Lower Terna Project Canal Division No.2 Latur v. Govind Shankarrao Suryawanshi And Another

2019-03-17Shri Justice J P Devadhar2 pages

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI HELD ON 17TH MARCH, 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 20 FIRST APPEAL NO.524 OF 2016 WITH CA/8121/2016 IN FA/524/2016 THE EXECUTIVE ENGINEER LOWER TERNA PROJECT CANAL DIVISION NO.2

VERSUS

ZATINGA GOPALA GOBADE DEAD THR HIS LR GOPAL ZATINGA GOBADE AND ANOTHER ...

21 FIRST APPEAL NO.525 OF 2016 WITH CA/7610/2016 IN FA/525/2016 THE EXECUTIVE ENGINEER LOWER TERNA PROJECT CANAL DIVISION NO.2 LATUR

VERSUS

GOVIND SHANKARRAO SURYAWANSHI AND ANOTHER ...

O R D E R

Advocate Mr. P.R. Tandale appearing for the acquiring body along with Mr. Sanjay Vishnupant Jewalikar, Executive Engineer, Lower Terna Canal Division No.2, Latur is present. Advocate Mr. M.S. Patil is appearing for respondent No.1, the claimant.

The statement is made that the entire amount is deposited in this Court by the acquiring body. The only dispute is in respect of the interest under Section 28 and 34 of the Land Acquisition Act. In view of

FA_524_2016 decision in the State of Maharashtra vs. Kailash Shiva Rangari, 2016

(4) All M.R., 513 (F.B.) and State of Maharashtra vs. Ramesh Tukaram Meshram and another, 2018 (1) All M.R., 645, the parties agreed that the interest should be awarded from the date of the Award of Special Land Acquisition Officer and accordingly the Award can be passed. In view of this compromise the First Appeals are disposed of as compromised with above said terms.

Court fee be refunded as per rules. After calculating the amount excess amount deposited, if any, be refunded to the acquiring body.

Claimants are entitled to withdraw the amount deposited in this Court as per the proportion granted in the impugned Award. Pending Civil Applications, if any, are also disposed of. (K.B. Choudhari) (V.B. Mantri) (Smt. Vibha Kankanwadi, J.) Advocate D.J. (Retd.) Head of the Panel.

Member Member Date :17.03.2019.

Place : Aurangabad.

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