High Court
Legal Reasoning
1 145fa2159.12 groupIN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLESHRI JUSTICE KISORE C. SANT, HELD ON 27.07.2024AT HIGH COURT LEGAL SERVICES SUB-COMMITTEEAT AURANGABAD.145 FIRST APPEAL NO. 2159 OF 2012WITHFIRST APPEAL NO. 2158 OF 2012WITHFIRST APPEAL NO. 2151 OF 2012WITHFIRST APPEAL NO. 2150 OF 2012EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. DHULEVERSUSSONABAI NARAYAN NHAVI AND ORS...Advocate for Appellant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr. A.M. PhuleAdvocate for Respondent Nos. 1 and 2A : Mr. Deshpande C. R. ...AND146 FIRST APPEAL NO. 2204 OF 2012WITHFIRST APPEAL NO. 2210 OF 2012WITHFIRST APPEAL NO. 2209 OF 2012WITHFIRST APPEAL NO. 2205 OF 2012WITHFIRST APPEAL NO. 2207 OF 2012WITHFIRST APPEAL NO. 2206 OF 2012WITHFIRST APPEAL NO. 2208 OF 2012WITHFIRST APPEAL NO. 2213 OF 2012EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISIONVERSUS 2 145fa2159.12 groupZELABAI CHAITRAM BICHKULE AND ANR...Advocate for Appellant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr. Mr. A.M. PhuleAdvocate for Respondent No. 1 : Mr. A.B.Kale...AND148 FIRST APPEAL NO. 2322 OF 2012WITHFIRST APPEAL NO. 2318 OF 2012WITHFIRST APPEAL NO. 2319 OF 2012EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISIONVERSUSHARCHAND GOVINDA CHAMBHAR (DIED) LRS SITABAIHARCHAND MULZIR AND ORS...Advocate for Appellant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr. A.M. PhuleAdvocate for Respondent Nos. 1 to 6 : Mr. A.B. Kale...AND151 FIRST APPEAL NO. 782 OF 2013EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISIONVERSUSMAHADEO DNYANBA VIBHUTE AND ANR...Advocate for Appellant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr. A.M. PhuleAdvocate for Respondent No. 1 : Mr. Shah Subodh P. ...AND152 FIRST APPEAL NO. 783 OF 2013EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. DHULE
Legal Reasoning
3 145fa2159.12 groupVERSUSSAGAR SUBHASH PATIL AND ANR...Advocate for Appellant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr. A.M. Phule...AND161 CIVIL APPLICATION NO. 7298 OF 2012 IN FAST/5470/2012WITHCIVIL APPLICATION NO. 7299 OF 2012 IN FAST/5470/2012EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.VERSUSPRALHAD RAVAN PATIL, DIED THR. L.RS. MADHAVRAO ANDORS...Advocate for Appellant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr. A.M. PhuleAdvocate for Respondent No. 1A : Mr. Deshpande C.R.andMr.V. P. Raje...AND162 CIVIL APPLICATION NO. 10047 OF 2012 IN FAST/13768/2012EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.DHULEVERSUSJIJABRAO SHEMRAO PATIL AND ANR...Advocate for Applicant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr.A.M. Phule Advocate for Respondent Nos. 2 to 5 : Mr. Dhananjay A Naik ... 4 145fa2159.12 groupAND165 CIVIL APPLICATION NO. 12172 OF 2012 IN FAST/22598/2012WITHCIVIL APPLICATION NO. 12173 OF 2012 IN FAST/22598/2012EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,DHULEVERSUSNIMBA NANDU PATIL AND ORS...Advocate for Appellant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr. A.M. PhuleAdvocate for Respondent Nos. 1 to 3 : Mr. Kale Ajeet B. ...AND166 CIVIL APPLICATION NO. 14353 OF 2012 IN FAST/33232/2012WITHCIVIL APPLICATION NO. 14354 OF 2012 IN FAST/33232/2012EXECUTIVE ENGINEER, MINOD IRRIGATION, DHULEVERSUSBHATU LALA PATIL AND ANR...Advocate for Appellant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr.A.M. Phule Advocate for Respondent No. 1 : Mr. P. R. Nangare ...AND167 FIRST APPEAL NO. 1866 OF 2012EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISIONSINCHAN BHAVAN, SAKRI ROAD, DHULEVERSUSRAJABAI NAMDEO PATIL (DEAD) THROUGH LRS HIRAMANNAMDEO PATIL AND ORS. 5 145fa2159.12 group...Advocate for Appellant : Mr. Pawar Ajay D. AGP for Respondents/State : Mr. A.M. Phule...O R D E R( 27 th JULY, 2024 ) 1.These appeals are placed before today’s National LokAdalat with the consent of the parties.2.Mr. Varun Rajendra Pawar, Sub Divisional Engineer,Sub Division, Shirpur, Minor Irrigation, Dhule, District Dhulefor of Acquiring Body/State is personally present before thisNational Lok Adalat, today. Mr. Pawar Ajay D., learned Advocateon behalf of Acquiring Body and the learned AGP for the Stateare present. The claimants are represented by their respectiveAdvocates.3.The learned Advocates for the Acquiring Body/Stateand the claimants fairly conceded that the Government ofMaharashtra vide Government Resolution No. Sankirn2014/pra.kra.4/Bham-1/A-4 dated 3rd November, 2016 withGovernment Corrigendum dated 23rd February, 2017 and13th August, 2018 to the said Government Resolution, took adecision to settle the appeals by accepting the market rates 6 145fa2159.12 groupdetermined by the Reference Court, which are within theparameters set out in the Government Resolution. Thestatement made by both the learned Advocates is in consonancewith the recitals in the Government Resolution. In turn, theseappeals are fit to dispose of before this National Lok Adalat.4.The learned Advocates for both the parties furthersubmit that as far as the interest U/s. 28 and 34 of the landAcquisition Act, 1894 (for short “Act”) awarded by the SLAO aswell as Reference Court shall be as per verdict by the Full Benchin the case State of Maharashtra Vs. Kailash Shiva Rangari,2016 (4) ALL MR 513 and the Hon’ble Single Judge in the caseof State of Maharashtra Vs. Ramesh Tukaram Meshram – 2018(1) ALL MR 645. In turn, they submit that the impugned Awardmay be modified to that extent as far as interest is concerned.5.Having considered the legal position ruled in boththe aforesaid judgments, the impugned Award stands modified.The interest shall be calculated, as per these two judgments.6.If the amount of compensation is not deposited inthis Court or the Reference Court, the Acquiring Body/Stateshall deposit the amount of compensation as per modified 7 145fa2159.12 groupAward within six months from the date of this order. Thelearned Advocates for both the parties further fairly concededthat the amount shall not carry interest if deposited withinperiod of six months for above period. The statement isaccepted. However, it is clarified, if the amount is depositedafter the six months, then it shall carry the interest in terms ofSection 28 or 34 of the Act, as the case may be.7.The learned Advocates for both the parties furthermade submission on the point of amount deposited. As far asthe amount, if any, already deposited and withdrawn eitherpartly or fully, shall be considered at the time of finaldisbursement in terms of the present Award.8.The awarded amount is within four (04) timesdeposited in this Court. The claimants are entitled to withdrawamount. The Claimants have accepted that the Reference Courthas awarded interest on the amount from the date ofpossession, however, the claimants are ready to accept theinterest from the date of actual award.9.The appellants are at liberty to make appropriateapplication for withdrawal of the amount before the reference
Decision
8 145fa2159.12 groupCourt. If the amount in the above terms of compromise is notdeposited within six months, the claimants are at liberty to fileexecution proceeding before the reference Court.10.The appeals stand disposed off in terms of this order.11.An excess amount be refunded to the State, if any.12.Delay, if any, stands condoned.13.Award be drawn up accordingly.14.The Court fee refund certificate be issued as per theprovisions under the Maharashtra Court Fees Act. (A.B.KADETHANKAR) ( S.G.SHETE ) ( KISHORE C. SANT, J. )Member D.J. (Retd.) Head of the Panel Member Date : 27.07.2024.Place : Aurangabad.mahajansb/