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  5. November

Exectuve Engineer Dhule Medium Project Division No 1 Dhule vs. Santribai Indal Vanjari and Ors

Decided on 30 November 2024• Citation: FA/1647/2010• Bombay High Court
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    2024:BHC-AUG:30159                                                            
                                                 ( 1 )           40,52-53 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                            
                                  40 FIRST APPEAL NO. 1647 OF 2010                
                        Exectuve Engineer Dhule Medium Project Division No 1 Dhule
                                             VERSUS                               
                                    Santribai Indal Vanjari And Ors               
                                              AND                                 
                                 52 FIRST APPEAL NO. 1829 OF 2012                 
                        Executive Engineer, Minor Irrigation Divison Sinchan Bhavan
                                             VERSUS                               
                                     Trambak Hari Sanap And Anr                   
                                              WITH                                
                                 CIVIL APPLICATION NO. 7284 OF 2012               
                                         IN FA/1829/2012                          
                                              AND                                 
                                 53 FIRST APPEAL NO. 1987 OF 2012                 
                         The Executive Engineer, Dhule Medium Project Division 1. 
                                             VERSUS                               
                                   Shantibai Bhivsan Mahar And Ors                
                                               ...                                
                    Mr.Ajay Pawar Advocate for Appellant/Acquiring Body.          
                    Mr. Chetan Jadhav, Advocate for                               
                    Mr. Varun R. Pawar, Asst. Engineer, Grade-I, MID Dhule is present.
                                            O R D E R                             
                                       (30th NOVEMBER 2024)                       
                    1.  These appeals are placed before us in today’s National Lok Adalat.

                                                 ( 2 )           40,52-53 w       
                    2.  Mr.Chetan Jadhav and Mr.Ajay Pawar, the learned Advocates for
                    the appellant-Acquiring Body alongwith Mr. Varun Pawar, Assistant
                    Engineer, Grade-I for MID 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.           
                    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

                                                 ( 3 )           40,52-53 w       
                    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                                  
                    Ethape