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  1. Home/
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  4. 2024/
  5. November

The Executive Engineer Lower Terna Project Division No 2 Latur vs. Janardhan Vithal Kasle and Anr

Decided on 30 November 2024• Citation: CA/5066/2023• Bombay High Court
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    2024:BHC-AUG:30181                                                            
                                                 ( 1 )                  154       
                           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                            
                                   FIRST APPEAL NO. 4107 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                                         Bharat Vithal Kasle                      
                                              WITH                                
                                   FIRST APPEAL NO. 4113 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                                       Janardhan Vithal Kasle                     
                                              WITH                                
                                 CIVIL APPLICATION NO. 5066 OF 2023               
                                         IN FA/4113/2023                          
                                              WITH                                
                                   FIRST APPEAL NO. 4114 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                                Bhausaheb Chanderrao Landge And Anr               
                                              WITH                                
                                 CIVIL APPLICATION NO. 5068 OF 2023               
                                         IN FA/4114/2023                          
                                              WITH                                
                                   FIRST APPEAL NO. 4115 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                                     Ankush Vishwanath Jadhav                     
                                              WITH                                
                                 CIVIL APPLICATION NO. 5070 OF 2023               
                                         IN FA/4115/2023                          

                                                 ( 2 )                  154       
                                              WITH                                
                                 CIVIL APPLICATION NO. 5052 OF 2023               
                                         IN FA/4107/2023                          
                                              WITH                                
                                   FIRST APPEAL NO. 4109 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                    Sambhaji Bhagwan Pawar Died Through Lrs Minakshi Sambhaji Pawar
                                              WITH                                
                                 CIVIL APPLICATION NO. 5054 OF 2023               
                                         IN FA/4109/2023                          
                                              WITH                                
                                   FIRST APPEAL NO. 4110 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                                       Mayur Madan Shevale                        
                                              WITH                                
                                 CIVIL APPLICATION NO. 5056 OF 2023               
                                         IN FA/4110/2023                          
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                                       Mayur Madan Shevale                        
                                              WITH                                
                                   FIRST APPEAL NO. 4108 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                      Hariba Gunda Gadade Died Through Lrs Prayagbai Hariba Gadade
                                              WITH                                
                                 CIVIL APPLICATION NO. 5058 OF 2023               
                                         IN FA/4108/2023                          
                                              WITH                                
                                   FIRST APPEAL NO. 4116 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur

                                                 ( 3 )                  154       
                                             VERSUS                               
                                       Dnyanoba Vithal Kasle                      
                                              WITH                                
                                 CIVIL APPLICATION NO. 5060 OF 2023               
                                         IN FA/4116/2023                          
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                                       Dnyanoba Vithal Kasle                      
                                              WITH                                
                                   FIRST APPEAL NO. 4111 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                                    Hirabai Nanasaheb Deshmukh                    
                                              WITH                                
                                 CIVIL APPLICATION NO. 5062 OF 2023               
                                         IN FA/4111/2023                          
                                              WITH                                
                                   FIRST APPEAL NO. 4112 OF 2023                  
                       The Executive Engineer Lower Terna Project Division No 2 Latur
                                             VERSUS                               
                                        Suresh Kashiba Mane                       
                                              WITH                                
                                 CIVIL APPLICATION NO. 5064 OF 2023               
                                         IN FA/4112/2023                          
                                               …                                  
                    Mr. B. R. Survase, i/by Mr. R. K. Ingole for Appellant-Acquiring Body.
                    Smt.Shivnanda G. Swami, Asst. Engineer, Grade-I, AE-1), Lower Terna
                    Canal Sub-Division No.8, Latur.                               
                                            O R D E R                             
                                       (30th NOVEMBER 2024)                       
                    1.  These Appeals are placed before us in today’s Lok Adalat. 

                                                 ( 4 )                  154       
                    2.  Mr. B. R. Survase Advocate for Appellant-Acquiring Body and
                    Smt.Shivnanda G. Swami, Asst. Engineer, Grade-I, (AE-1), Lower Terna
                    Canal Sub-Division No.8, Latur, are present in the Court.     
                    3.  The  learned Advocate 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. Advocate Mr. Survase filed a e-mail copy of
                    communication letter dated 28th November 2024 which is 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

                                                 ( 5 )                  154       
                    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                                  
                    Ethape/154