Pundlik Raoji Gavande And ORS v. The State Of Maharashtra And ORS

1 PB Sr.Nos. 5, 9. 10, 12, 15, 15-A & MB Sr. Nos. 35, 35.1, 35.2.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHRIKANT D. KULKARNI, HELD ON 8TH FEBRUARY, 2020, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD PB Sr. Nos.5, 9, 10, 12, 15, 15-A and MB Sr. Nos. 35, 35.1, 35.2 FIRST APPEAL NO.3756 OF 2019 PUNDLIK RAOJI GAVANDE AND ORS THE STATE OF MAHARASHTRA AND ORS AND FIRST APPEAL NO.3807 OF 2019 BHAGWAT CHINDHU NIKAM AND ANR THE SPECIAL LAND ACQUISITION OFFICER, 1 JALGAON AND ANR AND FIRST APPEAL NO.3808 OF 2019 MEERABAI AMRIT PATIL (DIED) THR LRS KIRAN AMRIT PATILAND ORS THE SPECIAL LAND ACQUISITION OFFICER NO. 1 JALGAON AND ANR \ \

2 PB Sr.Nos. 5, 9. 10, 12, 15, 15-A & MB Sr. Nos. 35, 35.1, 35.2.odt AND FIRST APPEAL NO.3812 OF 2019 RAMDHAN BHIKA BAVASKAR (DIED) THR LRS KAUSHALYABAI RAMDHAN BAVASKAR AND ORS THE SPECIAL LAND ACQUISITION OFFICER NO. 1 JALGAON AND ANR AND FIRST APPEAL NO.3816 OF 2019 NARAYAN GANPAT SONAR (DIED) THR LRS GAJANAN NARAYAN SONAR THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H. 1 JALGAON AND ANR AND FIRST APPEAL NO.3275 OF 2019 (15-A - Not on Board. Taken on Board) SHANTARAM RAJARAM PATIL THE SPECIAL LAND ACQUISITION OFFICER, AND ANR AND FIRST APPEAL NO.775 OF 2007 SHARAD VISHWANATH PATIL THE SPECIAL LAND ACQUISITION OFFICER AND ANR.

WITH

3 PB Sr.Nos. 5, 9. 10, 12, 15, 15-A & MB Sr. Nos. 35, 35.1, 35.2.odt FIRST APPEAL NO. 776 OF 2007 RAJENDRA VISHWANATH PATIL THE SPECIAL LAND ACQUISITION OFFICER AND ANR.

WITH FIRST APPEAL NO. 777 OF 2007 RAJENDRA VISHWANATH PATIL THE SPECIAL LAND ACQUISITION OFFICER AND ANR.

O R D E R

1.

Mr A.B. Kale, Advocate for Appellants/Claimants, Mr S.S. Dande, AGP for Respondent/State authorities, Mrs Chaitali Chaudhari-Kutti, Advocate for Acquiring Body, Mr. P.P. Warade, Executive Engineer, Waghur Dam Division and Mr K.A. Sawant Patil, Special Land Ofcer are present.

2.

Mr A.B. Kale, the learned Counsel for the appellants/claimants has submitted a chart wherein the statement of compromise arrived between the parties is recorded in terms of the order passed by this Court (Coram : S.V. Gangapurwala, J.) in First Appeal No. 2745/2015 and other connected appeals dated

4 PB Sr.Nos. 5, 9. 10, 12, 15, 15-A & MB Sr. Nos. 35, 35.1, 35.2.odt 21st October, 2015.

3.

Mr P.P. Warade, Executive Engineer, Waghur Dam Division, Jalgaon is present and accepts the statement/chart submitted by the learned Counsel for the appellants/original claimants. The said chart/statement of compromise duly signed by the respective parties and their counsel and Special Land Acquisition Ofcer. The compromise/chart stand verifed and same is taken on record marked as 'X' for identifcation.

4.

In terms of the contents of the compromise, the respondents have agreed to pay the compensation amount to appellants/claimants as per above chart marked as 'X' in respect of the landed property as per the chart of compromise along with all statutory benefts as determined by the Reference Court. 5.

In respect of the enhancement of compensation amount, as agreed between the parties, the claimants would not be entitled for interest on the enhanced compensation as per the chart for the period of which the delay sought to be condoned. The appellants/claimants are entitled for all statutory benefts as awarded by the Reference Court.

5 PB Sr.Nos. 5, 9. 10, 12, 15, 15-A & MB Sr. Nos. 35, 35.1, 35.2.odt 6.

Mr A.B. Kale, the learned Counsel for the appellants/claimants undertakes to submit authorization of claimants within a period of two weeks from today. 7.

The respondents shall make payment of compensation amount as per the chart marked as 'X'

to the appellants/claimants within a period of one year from the date of order.

8.

The amount of compensation shall be deposited in the Reference Court and the claimants are at liberty to withdraw the said amount.

9.

If respondents fail to make payment as stated above within a period of one year, then in that case, the claimants/appellants would be entitled to claim interest and accrued interest according to the statutory provisions.

10.

The First Appeals are accordingly disposed of. 11.

The decree/award be drawn up in terms of compromise/chart marked as 'X' .

6 PB Sr.Nos. 5, 9. 10, 12, 15, 15-A & MB Sr. Nos. 35, 35.1, 35.2.odt 12.

The Court fee refund certifcate be issued in the name of appellants/claimants.

13.

Civil Application/s pending if any also stand/s disposed of. (K. C. Sant) (V.B. Mantri) (Shrikant D. Kulkarni J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 08.02.2020 mta