Shri Bhau G. Choudhari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CIVIL APPELLATE JURISDICTION VAISHALI ANIL TIKAM FIRST APPEAL NO. 1107 OF 1995 by VAISHALI ANIL TIKAM Date: 2024.01.08 16:01:19 +0530 Shri Bhau Genu Chaudhari since deceased, through LRs.

1A Bhagwat Bhau Chaudhari and Ors.

... Appellants Vs.

The State of Maharashtra and Anr.

... Respondents ...

Mr. T.D. Deshmukh a/w. Mr. A.D. Chavan a/w. Mr. Anshuman Deshmukh a/w. Kshama Mahuli a/w. S.S. Mohanty for Appellants Ms. Tanaya Goswami, APP for State Mr. Advait Kulkarni a/w. Mr. Swaraj Patil a/w. Mr. Ramesh Dube Patil i/b. Jay & Co. for Respondents [MKVDC] Dr. Rekha Vijaysingh Solanke, Dy. Collector -Land Acquisition NO.1 Solapur, Present in Court.

Mr. M.T. Jadhwar, Executive Officer for MKVDC, Pune present in Court.

...

CORAM

: SHYAM C. CHANDAK J.

[HEAD OF THE PANEL] H. M. BHOSALE [REGISTRAR - JUDICIAL-I - (MEMBER)] P. A. PATKI [DEPUTY - REGISTRAR - (MEMBER)] DATED : 9TH DECEMBER, 2023 1/3

P.C.:- 1.

Today First Appeal No. 1107 of 1995 is placed before the Lok Adalat. The Original Appellant - Bhau Genu Chaudhary has expired. His legal heirs are brought on record as Appellant Nos. 1A to 1C.

2.

Appellant No.1A Bhagwant Bhau Chaudhari is present. He is a Constituted Attorney on behalf of Appellant Nos.1B and 1C viz. Uttam Bhau Choudhari and Rajendra Chaudhari. He has placed on record Power of Attorney, whereby he is authorized to represent Appellant Nos.1B and 1C.

3.

Mr. T.D. Deshmukh, the learned Advocate is present on behalf of Appellants. He identified the parties. The learned Advocate submitted that the Appellants will share the amount of compensation equally.

4.

On the other hand, Ms. Goswami, AGP is present on behalf of Respondent No.1 along with Ms. Rekha Solanke, Deputy Collector/SLO, i representative of Respondent No.1. 5.

Mr. Advait Kulkarni is present on behalf of Respondent No.2. along with Mr. Mohan Jadhwar, Executive Engineer, representative of Respondent No.2.

6.

The Consent Terms are read over and explained to the parties and their Advocates in vernacular language. The parties submitted 2/3

that the consent terms have been executed voluntarily. On inquiry, the parties have stated that no force or fraud is played upon them. 7.

The Consent terms are within the ambit of Order XXIII Rule 3 of the Civil Procedure Code.

8.

In turn, Consent Terms are read and recorded and marked as 'X' for the purpose of identification.

9.

The Award/Decree be prepared in terms of Consent Terms. 10.

The Court fees, if any, be refunded as per rules. 11.

The Consent Terms shall be treated as part and parcel of the award/decree.

12.

First Appeal is disposed of in terms of the Consent Terms. [P. A. PATKI] [H. M. BHOSALE] [SHYAM C. CHANDAK J.] Member Head of the Panel Member 3/3