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Bombay High CourtFA/4512/2017withdrawn

Manohar Tapiram Patil v. The Special Land Acquisition Officer, Upper Tapi Project (Hatnur), Jalgaon And ANR

2020-02-08Shri Justice J P Devadhar3 pages

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI HELD ON 8TH FEBRUARY, 2020.

AT THE HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AURANGABAD Sr No. First Appeal Nos.

AppellantS 4512/2017 :

Manohar Tapirarm Patil 83.1 4513/2017 :

Abid Ali Shoukat Ali 83.2 4514/2017 :

Prabhakar Jagannath Sonawane 83.3 4515/2017 :

Vikas Tapiram Patil 83.4 4516/2017 :

Purshottam Jagannath Sonawane

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, UPPER TAPI PROJECT (HATNUR), JALGAON AND ANOTHER Mrs S.N. Devmane (Munde) & Mr V S Patil, Advocates, holding for Mr. G.V. Wani, Advocate for the appellants, Mrs Chaitali Choudhari-Kutti, Advocate for the respondent Acquiring body, Mr. A. M. Phule, AGP, present for the Respondent State. WITH 84 FIRST APPEAL NO.2932 OF 2018 ANJANABAI TAPIRAM PATIL SINCE DECEASED THR HER LRS MANOHAR AND OTHERS

VERSUS

THE COLLECTOR, JALGAON AND OTHERS ...

Mrs S.N. Devmane (Munde) and Mr. V. S. Patil, Advocates, holding for Mr. G.V. Wani, Advocate for the appellants, Mrs Chaitali Choudhari-Kutti, Advocate for the respondent Acquiring Body, Mr. A. M. Phule, AGP, present for the Respondent State.

O R D E R 1.

These appeals are amicably settled between the parties and to that effect, compromise chart is placed before this Court Panel of National Loak Adalat. The said charts are marked as "X".

2. Mrs S.N. Devmane (Munde) Advocate, holding for Mr. G.V.wani, Advocate for the appellants, Mrs Chaitali Choudhari-Kutti, Advocate for the respondent Acquiring body, Mr. A. M. Phule, AGP, present for the Respondent State. Mr. P.P. Warade, Executive Engineer, Waghur Dam Division, Jalgaon, Mr. Kiran Sawant, Special Land Acquisition Officer, Jalgaon are present in person and admit the terms and contents of the compromises and their signatures thereon. The contents of compromise stand verified.

3.

In respect of enhanced compensation amount, the claimants would not be entitled for the interest on the enhanced compensation amount for the period of which the delay was condoned. 4.

As agreed between the parties, the compensation in terms of compromise shall be paid within one year from the date of receipt of decree and in that case, the claimants will not be entitled to claim any interest thereon. However, if the payment is not made within one year, as stated above, then in that case, the claimants will be entitled for the statutory interest from the date of filing of the appeal, till the actual payment of compensation.

5.

Award/decree be drawn up in terms of compromise chart. 6.

The appeals are accordingly disposed of. Pending Civil applications, if any, also stand disposed of. 7.

The appellants are entitled for refund of Court fees as per Rules. (K. C. SANT) (V. B. MANTRI) (SHRIKANT D. KULKARNI) Advocates District Judge Head of the Panel Member (Retd.) Member Date: 08.02.2020 Place: Aurangabad JPC