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  5. November

Executive Engineer Dhule Medium Project Division No 1 Dhule vs. Natthu Bhaurao Thelari and Anr

Decided on 30 November 2024• Citation: FA/1658/2010• Bombay High Court
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    2024:BHC-AUG:30141                                                            
                                                 ( 1 )                            
                                                                   23-28-49, 51 w 
                           IN THE NATIONAL LOK ADALAT PRESIDED OVER BY            
                               HON’BLE SHRI JUSTICE KISHORE C. SANT,              
                                   HELD ON 30th NOVEMBER 2024,                    
                           AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE             
                                         AT AURANGABAD                            
                                 23  FIRST APPEAL NO. 668 OF 2010                 
                           The Executive Engineer Dhule Medium Project Divn 1     
                                             VERSUS                               
                                      The State Of Mah And Ors                    
                                              AND                                 
                                  24 FIRST APPEAL NO. 669 OF 2010                 
                                The Ex Eng. Dhule Medium Project Dhule            
                                             VERSUS                               
                                      The State Of Mah And Ors                    
                                              AND                                 
                                  25 FIRST APPEAL NO. 670 OF 2010                 
                                The Ex Eng. Dhule Medium Project Dhule            
                                             VERSUS                               
                                      The State Of Mah And Ors                    
                                              AND                                 
                                  26 FIRST APPEAL NO. 673 OF 2010                 
                                The Ex Eng. Dhule Medium Project Dhule            
                                             VERSUS                               
                                      The State Of Mah And Ors                    
                                              AND                                 
                                  27 FIRST APPEAL NO. 674 OF 2010                 
                                The Ex Eng. Dhule Medium Project Dhule            
                                             VERSUS                               
                                      The State Of Mah And Ors                    
                                              AND                                 
                                  28 FIRST APPEAL NO. 903 OF 2010                 

                                                 ( 2 )                            
                                                                   23-28-49, 51 w 
                                Exe Engineer Medium Project No.1 Dhule            
                                             VERSUS                               
                                   Ramkorbai Sardar Rajput And Anr                
                                              AND                                 
                                 33 FIRST APPEAL NO. 1415 OF 2010                 
                       Executive Engineer Dhule Medium Project Division No. 1 Dhule
                                             VERSUS                               
                                 Vitthalsingh Lotansingh Girase And Anr           
                                              AND                                 
                                 34 FIRST APPEAL NO. 1416 OF 2010                 
                       Executive Engineer Dhule Medium Project Division No. 1 Dhule
                                             VERSUS                               
                                  Sawalu Gangaram Thelari And Anr                 
                                              AND                                 
                                 35 FIRST APPEAL NO. 1420 OF 2010                 
                       Executive Engineer Dhule Medium Project Division No. 1 Dhule
                                             VERSUS                               
                                    Prashant Bhatu Ahire And Anr                  
                                              AND                                 
                                 36 FIRST APPEAL NO. 1422 OF 2010                 
                            Exe Engineer Dhule Medium Project Division No.1       
                                             VERSUS                               
                                  Piransingh Rajesingh Girase And Anr             
                                              AND                                 
                                 37 FIRST APPEAL NO. 1424 OF 2010                 
                       Executive Engineer Dhule Medium Project Division No. 1 Dhule
                                             VERSUS                               
                                     Aliyar Gulab Patve And Anr                   
                                              AND                                 
                                 38 FIRST APPEAL NO. 1425 OF 2010                 
                       Executive Engineer Dhule Medium Project Division No. 1 Dhule
                                             VERSUS                               

                                                 ( 3 )                            
                                                                   23-28-49, 51 w 
                                   Dadamiya Suleman Shah And Anr                  
                                              AND                                 
                                 39 FIRST APPEAL NO. 1646 OF 2010                 
                       Executive Engineer Dhule Medium Project Division No. 1 Dhule
                                             VERSUS                               
                                      Popat Uda Thelari And Anr                   
                                              AND                                 
                                 41 FIRST APPEAL NO. 1648 OF 2010                 
                              Executive Engineer Dhule Project Division No 1      
                                             VERSUS                               
                                  Gangaji Thansingh Rajput And Anr                
                                              AND                                 
                                 42 FIRST APPEAL NO. 1649 OF 2010                 
                          Executive Engineer Dhule Medium Project Division No. 1  
                                             VERSUS                               
                     Manik Daji Thelari (deceased) Th Lrs Ravan Manik Thelari And Ors.
                                              AND                                 
                                 43 FIRST APPEAL NO. 1651 OF 2010                 
                              Executive Engineer Dhule Project Division No 1      
                                             VERSUS                               
                                    Uttam Bhattu Thelari And Ors                  
                                              AND                                 
                                 44 FIRST APPEAL NO. 1652 OF 2010                 
                         Executive Engineer Dhule Medium Project Divn No 1 Dhule  
                                             VERSUS                               
                                     Arun Nimba Devre And Ors                     
                                              AND                                 
                                 45 FIRST APPEAL NO. 1654 OF 2010                 
                            Exe Engineer Dhule Medium Project Division No.1       
                                             VERSUS                               
                                     Dagadu Bhika Patil And Anr                   
                                              AND                                 

                                                 ( 4 )                            
                                                                   23-28-49, 51 w 
                                 46 FIRST APPEAL NO. 1655 OF 2010                 
                       Executive Engineer Dhule Medium Project Division No 1 Dhule
                                             VERSUS                               
                                    Ratan Sawalu Thelari And Anr                  
                                              AND                                 
                                 47 FIRST APPEAL NO. 1656 OF 2010                 
                       The Executive Engineer Dhule Medium Project Divn No. 1 Dhule
                                             VERSUS                               
                                   Shashikant Maharubagull And Ors                
                                              AND                                 
                                 48 FIRST APPEAL NO. 1657 OF 2010                 
                       Executive Engineer Dhule Medium Project Division No 1 Dhule
                                             VERSUS                               
                                    Manku Lahanu Thelari And Anr                  
                                              AND                                 
                                 49 FIRST APPEAL NO. 1658 OF 2010                 
                       Executive Engineer Dhule Medium Project Division No 1 Dhule
                                             VERSUS                               
                                   Natthu Bhaurao Thelari And Anr                 
                                              AND                                 
                                 51 FIRST APPEAL NO. 1700 OF 2010                 
                     Executive Engineer Medium Project Divn No. 1 Dhule Sinchan Bhavan
                                         Sakri Road Dhule                         
                                             VERSUS                               
                                     Ananda Indra Bhil And Ors                    
                                              WITH                                
                                   FIRST APPEAL NO. 1703 OF 2010                  
                             Executive Engineer Medium Project Division No.1      
                                             VERSUS                               
                                     Gulab Chanda Bhil And Anr                    
                                               ...                                

                                                 ( 5 )                            
                                                                   23-28-49, 51 w 
                    Mr.Chetan T. Jadhav, Advocate for Appellant-Acquiring Body.   
                    Mr. Ajay Pawar Advocate for Appellant-Acquiring Body.         
                    Mr. Vishal Ghode, Asst. Engineer, Grade-I for DMPD.           
                                            O R D E R                             
                                       (30th NOVEMBER 2024)                       
                    1.  These appeals are placed before us in today’s National Lok Adalat.
                    2.  Mr.Chetan Jadhav and Mr.Ajay Pawar, the learned Advocates for
                    the appellant-Acquiring Body alongwith Mr. Vishal Ghode, Assistant
                    Engineer, Grade-I for DMPD are present.                       
                    3.  The  learned Advocates for the appellants-Acquiring Body  
                    submitted that above numbered group of first appeals is squarely
                    covered    by     the     Government    Resolution    No.     
                    Sankirna-2014/pra.kra.4/Bham-1/A-4 dated 3rd November, 2016 with
                    Government Corrigendum dated 23rd February, 2017 and 13th August
                    2018 to the said Government Resolution. In turn, these appeals can be
                    withdrawn as per the policy decision taken by the Government of
                    Maharashtra. Accordingly, the appellant/Acquiring Body are    
                    withdrawing these appeals, communication/letter to that extent is
                    placed on record and marked “X” for identification.           

                                                 ( 6 )                            
                                                                   23-28-49, 51 w 
                    4.  The learned Advocate for the appellant/Acquiring Body submits
                    that the entire amount of the compensation is deposited. The claimants
                    are entitled to receive the amount along with accrued interest thereon, if
                    the amount is not withdrawn by the claimants.                 
                    5.  However, before disposing of the appeals it is further clarified that
                    in case, if any, amount is lying with this Court, then same shall be
                    transmitted to the concerned reference Court. The Reference Court shall
                    disburse the said amount to the claimants without requiring any formal
                    application for withdrawal.                                   
                    6.  The learned Advocates for the Appellant/Acquiring Body further
                    submits that in these circumstances, nothing survive in these appeals,
                    appeals stand disposed of as withdrawn. No order as to costs. 
                    7.   Award be drawn up accordingly.                           
                    8.  In view of disposal of the appeals, pending civil applications, if
                    any, stand disposed off.                                      
                    9.  The Court fee refund certificate be issued as per the provisions
                    under the Maharashtra Court Fees Act.                         
                  [A. B. KADETHANKAR]   [S. G. SHETE]  [KISHORE C. SANT, J.]      
                        Advocate         DJ (Retd.)       Head of Panel           
                        Member            Member