Dhyaneshwar Subhash Patil v. The Special Land Acquisition Officer, No. 1 Dhule And ANR

1 41 to 47B FA 29302-2015 + 7

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SMT. JUSTICE VIBHA KANKANWADI, HELD ON 08TH DECEMBER, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.

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41 FAST/29302/2015 PANDIT SHAMRAO PATIL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER Advocate for Applicants : Mr. Kale Ajeet B.

AGP for Respondent : Mr. S. N. Morampalle Advocate for respondent No.2 : Ms. Vaishali Jadhav ...

42 FAST/29333/2015 BHIVSAN DEOCHAND PATIL DIED THR HIS LRS KALABAI AND OTHERS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER Advocate for Applicants : Mr. Kale Ajeet B.

AGP for Respondent : Mr. S. N. Morampalle Advocate for respondent No.2 : Mr. A. D. Pawar ...

43 FIRST APPEAL (STAMP) NO.29314 OF 2015 SUBHASH SANTOSH PATIL AND OTHERS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER DHULE AND ANOTHER Advocate for Applicants : Mr. Kale Ajeet B.

AGP for Respondent : Mr. S. N. Morampalle Advocate for respondent acquiring body : Mr. A. D. Pawar ...

44 FIRST APPEAL (STAMP) NO.35988 OF 2018 PRALHAD VALMIK PATIL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, NO. 1 DHULE AND ANR Advocate for Appellant : Mr. Kale Ajeet B.

AGP for Respondents: Mr. S. N. Morampalle Advocate for respondent acquiring body : Mr. A. D. Pawar. ...

2 41 to 47B FA 29302-2015 + 7 45 FIRST APPEAL (STAMP) NO.35990 OF 2018 NAMDEO PARBHAT PATIL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, NO. 1 DHULE AND ANR Advocate for Appellant : Mr. Kale Ajeet B.

AGP for Respondents: Mr. S. N. Morampalle Advocate for respondent acquiring body : Mr. A. D. Pawar. ...

46 FIRST APPEAL (STAMP) NO.36002 OF 2018 BONDRU MAHADU BELDAR HE COURT OF LOK ADALAT

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, NO.1 DHULE AND ANR Advocate for Appellant : Mr. Kale Ajeet B.

AGP for Respondents: Mr. S. N. Morampalle Advocate for respondent acquiring body : Mr. A. D. Pawar. ...

47 FIRST APPEAL (STAMP) NO.36352 OF 2018 DHYANESHWAR SUBHASH PATIL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, NO. 1 DHULE AND ANR Advocate for Appellant : Mr. Kale Ajeet B.

AGP for Respondents: Mr. S. N. Morampalle Advocate for respondent acquiring body : Mr. A. D. Pawar. ...

47A FIRST APPEAL (STAMP) NO. 36354 OF 2018 SUBHASH SAHADEO PATIL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, NO.1 DHULE AND ANR Advocate for Appellant : Mr. Kale Ajeet B.

AGP for Respondents: Mr. S. N. Morampalle Advocate for respondent acquiring body : Mr. A. D. Pawar. .............

ORDER

1.

On instructions learned Advocate Mr. A. D. Pawar is appearing on behalf of respondent acquiring body and filing Vakalatnama. He is already

3 41 to 47B FA 29302-2015 + 7 appearing in some of the matters. In all the matters he is submitting the consent terms.

2.

Mr. Shivaji Chila Ahire, Executive Engineer Minor Irrigation Division, Dhule is present in person before the panel. Mr. A. B. Kale, learned counsel appearing for the appellants-claimants is present. Mr. S. N. Morampalle, learned A.G.P. for the respondent State is also present. 3.

These matters are amicably settled between the parties and the compromise chart prepared as per the terms of the compromise/settlement is placed before the panel. Mr. Shivaji Chila Ahire, Executive Engineer, Minor Irrigation Division, Dhule, Mr. A. B. Kale, learned counsel appearing for the appellants-claimants, Mr. S. N. Morampalle, learned A.G.P. for the respondent -State and Mr. A.D. Pawar, learned counsel appearing for respondent- acquiring body admit the terms and conditions of the said compromise chart. The chart bears the signature of Mr. S. C. Ahire, Executive Engineer MID, Dhule, and also signatures of Mr. A.B. Kale, learned counsel appearing for the appellants-claimants, Mr. S. N. Morampalle, learned A.G.P. for the respondent-State and Mr. A.D. Pawar, learned counsel appearing for respondent-acquiring body. Thus the contents of the compromise/chart stand verified and the same is taken on record and marked as "X" for identification.

4.

The present group of cross objections/appeals relate to the acquisition of lands for Wadi Shevadi, Tikhi and Devi, medium projects and

4 41 to 47B FA 29302-2015 + 7 the Division Bench of this Court in similar set of facts, for the land acquired for Waghur project, in the case of Special Land Acquisition Officer and another Versus Bhagwat Vitthal Sonawane, reported in (2009) 4 Mh.L.J. 308, has fixed the market price of Jirayat land at the rate of Rs.2,00,000/- per hectare and Bagayat land at the rate of Rs.4,00,000/- per hectare. In view of above, these matters are settled in terms of the aforesaid judgment of the Division Bench.

5.

In respect of the enhanced compensation of amount the claimants would not be entitled for the interest on the enhanced compensation amount for the period of which delay has been condoned and the claimants have submitted specific undertaking to that effect. The amount of enhanced compensation, as worked out in the compromise/chart will be paid/deposited within one year from the date of preparation of decree. In case the amount is not deposited within a period of one year, the respondent acquiring body would be liable to pay the interest. 6.

Statutory benefits be extended as awarded by the Reference court. 7.

Award / Decree be drawn up in terms of the chart / compromise placed on record, as aforesaid.

8.

In view of the above compromise arrived at between the parties, all First Appeals and the cross objections are disposed of. Refund of court fees as per Rules. Deficit court fees, if any, be paid forthwith. Pending civil

5 41 to 47B FA 29302-2015 + 7 applications, if any, stand disposed of.

[S. P. BRAHME] [V. B. MANTRI] [SMT. VIBHA KANKANWADI, J.] Advocate District Judge Head of the Panel Member (Retd.) Member Date : 08.12.2018 Place : Aurangabad.

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