The Executive Engineer Minor Irrigation Division Jalna v. The State Of Mah And ORS

2024:BHC-AUG:5594 -1IN THE LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE SHAILESH P. BRAHME HELD ON 3rd MARCH 2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

FIRST APPEAL NO. 1990 OF 2011 WITH CIVIL APPLICATION NO. 581 OF 2011 IN FIRST APPEAL NO. 1990 OF 2011 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION JALNA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND CIVIL APPLICATION STAMP NO. 6214 OF 2024 IN FIRST APPEAL NO. 1990 OF 2011 MANOHAR BABURAO GANGTIRE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA ...

Advocate for Appellants : Mr. S.G. Bhalerao Sub-Divisional Officer, Representative Executive Engineer, Jalna, Minor Irrigation Division, Jalna : Mr. Prakash Digambarrao Phulwalkar Advocate for Respondents : Mr. Swapnil Joshi ...

O R D E R

1.

Mr. S. G. Bhalerao, learned Advocate for the appellant alongwith with representative officer of the appellant and Mr. Swapnil Joshi, learned Counsel for the respondents, are present before Panel today. They tender on record the terms of settlement. The same is taken on record and marked as 'Exhibit-X' for identification.

-22.

Civil Application Stamp No. 6214/2024 is filed for bringing legal heirs of applicant/original respondent no.4/ Ramnath Baburao Gangtire on record. Parties have no objection for legal heirs. As the matter is settled between the parties, the same is allowed. Amendment to be carried out forthwith.

3.

With the assistance of learned Counsels, we have ascertained the identification of the parties. 4.

Parties before the Panel pray to dispose of the first appeal in terms of settlement at Exhibit-X.

5.

The appellant has deposited entire amount of compensation in this Court at the rate of Rs.1800 per R. The parties agree that the respondents/claimants shall be entitled to the rate of Rs.1680 per R.

6.

The respondents/claimants have already withdrawn 50% of the amount deposited in the Court. The same shall be adjusted. It is agreed that they shall be entitled to receive the amount at the rate stated above.

7.

The Registry is directed to calculate the compensation disbursable to the respondents/claimants at the rate of Rs.1680 per R and the respondents/claimants shall be disbursed amount of compensation from the amount which is already deposited. After disbursing the compensation to the respondents/claimants, balance amount shall be disbursed to appellant/acquiring body.

-38.

The First Appeal is disposed of in terms of settlement at Exhibit-X.

9.

The court fees be refunded as per rules.

10.

Award be drawn up accordingly.

11.

Civil Application if any stands disposed of.

(A.R. Borulkar) (S.G. Shete) (Shailesh P. Brahme, J.) Advocate D. J. (Retired) Head of the Panel Member Member Date: 03.03.2024.

Place: Aurangabad Najeeb