THE STATE OF MAHARASHTRA AND ANOTHER v. MAHADEO BABA DHAS AND ANOTHER
Case Details
IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SMT. JUSTICE VIBHA KANKANWADI HELD ON 11th FEBRUARY, 2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1 FIRST APPEAL NO.1497 OF 2016 WITH FA/1499/2016 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS MAHADEO BABA DHAS AND ANOTHER ... Mr. A.M. Phule, AGP for appellants Mr. R.J. Nirmal, Advocate for respondent Nos.1 and 2 ... 2 FIRST APPEAL NO.1720 OF 2016 WITH FA/1721/2016 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS RAOSAHEB TUKARAM THORVE AND ANOTHER ... Mr. A.M. Phule, AGP for appellants Mr. D.R. Jayabhar, Advocate for respondent Nos.1 and 2 ... 3 FIRST APPEAL NO.2477 OF 2016 WITH FA/2478/2016 WITH CA/9737/2013 IN FA/2478/2016 WITH CA/9739/2013 IN FA/2477/2016 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS HAVASARAO YADA GHADAGE AND OTHERS ... Mr. A.M. Phule, AGP for appellants Mr. S.E. Shekade, Advocate for respondent No.1 ... 2 1 to 26 and 43 4 FIRST APPEAL NO.3304 OF 2016
Legal Reasoning
THE STATE OF MAHARASHTRA AND ANR VERSUS DATTATRAYA NAMDEORAO RAKH ... Mr. A.M. Phule, AGP for appellants Mr. V.P. Savant, Advocate for respondent ... 5 FIRST APPEAL NO.3359 OF 2016 WITH FA/3361/2016 WITH FA/3360/2016 THE STATE OF MAH THR COLLECTOR BEED VERSUS MAHALING BALU VIBHUTE AND ORS ... Mr. A.M. Phule, AGP for appellants Mr. S.S. Dambe, Advocate for respondent No.4 ... 6 FIRST APPEAL NO.3556 OF 2016 WITH FA/3557/2016 WITH CA/5915/2013 IN FA/3557/2016 WITH CA/5913/2013 IN FA/3556/2016 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS DINAKAR BAYAJI TEKALE ... Mr. A.M. Phule, AGP for appellants Mr. R.J. Nirmal, Advocate for respondent ... 7 FIRST APPEAL NO.4038 OF 2016 WITH CA/8387/2012 IN FA/4038/2016 THE STATE OF MAHARASHTRA AND ANR VERSUS SHANKAR KASHINATH RAKH AND ORS ... 3 1 to 26 and 43 Mr. A.M. Phule, AGP for appellants Mr. V.P. Savant, Advocate for respondent No.1 ... 8 FIRST APPEAL NO.166 OF 2017 WITH CA/13933/2011 IN FA/166/2017 WITH X-OBJ(ST)/37512/20 IN FA/166/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS BHAGWAN DHONDIBA GARJE AND ORS ... Mr. A.M. Phule, AGP for appellants Mr. D.Y. Bide, Advocate for respondent Nos.1 to 4 ... 9 FIRST APPEAL NO.1740 OF 2017 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS BAPURAO RAJARAM YADAV AND OTHERS ... Mr. A.M. Phule, AGP for appellants Mr. N.K. Tungar, Advocate for respondent Nos.1 to 9 ... 10 FIRST APPEAL NO.2100 OF 2017 THE STATE OF MAHARASHTRA AND ANR VERSUS BARIKRAO NEMAJI ANDHALE DIED THR LRS JALSABAI AND ORS ... Mr. A.M. Phule, AGP for appellants Mr. N.K. Tungar, Advocate for respondent Nos.2, 3, 6 and 7b ... 11 FIRST APPEAL NO.2700 OF 2017 WITH FA/2706/2017 WITH FA/2703/2017 WITH FA/2704/2017 WITH FA/2702/2017 WITH FA/2701/2017 4 1 to 26 and 43 THE STATE OF MAHARASHTRA AND ANR VERSUS EKNATH DAGADU WAGHMARE ... Mr. A.M. Phule, AGP for appellants Mr. D.R. Jayabhar, Mr. P.P. Uttarwar and Mr. T.V. Waghmare, Advocates for respective respondents ... 12 FIRST APPEAL NO.2834 OF 2017 WITH CA/15012/2015 IN FA/2834/2017 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS SUBHASH MANIK SOLUNKE AND OTHERS ... Mr. A.M. Phule, AGP for appellants Mr. N.K. Tungar, Advocate for respondent Nos.1 to 4 ... 13 FIRST APPEAL NO.2869 OF 2017 WITH CA/16851/2015 IN FA/2869/2017 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS LAXMAN LOBHA DABADE AND ANOTHER ... Mr. A.M. Phule, AGP for appellants Mr. N.K. Tungar, Advocate for respondent Nos.1 and 2 ... 14 FIRST APPEAL NO.4809 OF 2017 WITH CA/3195/2012 IN FA/4809/2017 WITH CA/3194/2012 IN FA/4808/2017 WITH FA/4808/2017 THE STATE OF MAHARASHTRA VERSUS GENA BAPUR LAKDE ... Mr. A.M. Phule, AGP for appellants 5 1 to 26 and 43 Mr. R.T. Deshmukh, Advocate for respondent ... 15 CIVIL APPLICATION NO.10163 OF 2010 IN FAST/17780/2010 WITH CA/2903/2012 IN FAST/17946/2010 WITH CA/2906/2012 IN FAST/17944/2010 WITH CA/2904/2012 IN FAST/17780/2010 WITH CA/10165/2010 IN FAST/17944/2010 WITH CA/10164/2010 IN FAST/17946/2010 THE STATE OF MAHARASHTRA VERSUS ASHRUBA RANGNATH LAKDE AND ANOTHERS ... Mr. A.M. Phule, AGP for appellants/applicants ... 16 CIVIL APPLICATION NO.10423 OF 2010 IN FAST/18988/2010 THE STATE OF MAHARASHTRAA AND ANR VERSUS SAMBHAJI RAMBAU JADHAV DIED TH LRS UJWALA SAMBHAJI JADHAV AND ORS ... Mr. A.M. Phule, AGP for appellants/applicants Mr. R.V. Deshmukh, Advocate for respondent Nos.3 to 5 ... 17 CIVIL APPLICATION NO.12586 OF 2011 IN FAST/16464/2011 WITH CA/12590/2011 IN FAST/16538/2011 WITH CA/12592/2011 IN FAST/16547/2011 WITH CA/12588/2011 IN FAST/16550/2011 THE STATE OF MAH THR COLLECTOR BEED AND ANR VERSUS SHRIRAM NIVRUTTI MOKASE AND ORS ... Mr. A.M. Phule, AGP for appellants/applicants 6 1 to 26 and 43 Mr. M.K. Bhosle, Mr. T.M. Tandale, Mr. C.K. Shinde, Advocates for respective respondents ... 18 CIVIL APPLICATION NO.1708 OF 2012 IN FAST/371/2012 WITH CA/1709/2012 IN FAST/371/2012 WITH CA/1710/2012 IN FAST/375/2012 WITH CA/1711/2012 IN FAST/375/2012 WITH CA/1714/2012 IN FAST/378/2012 WITH CA/1715/2012 IN FAST/378/2012 WITH CA/1712/2012 IN FAST/382/2012 WITH CA/1713/2012 IN FAST/382/2012 WITH CA/1716/2012 IN FAST/386/2012 THE STATE OF MAHARASHTRA AND ANR VERSUS ZUMBAR DAGDU BHAVAR ... Mr. A.M. Phule, AGP for appellants/applicants Mr. T.B. Bhosale, Advocate for respondent ... 19 CIVIL APPLICATION NO.4435 OF 2012 IN FAST/9422/2012 WITH CA/4437/2012 IN FAST/9285/2012 WITH CA/4439/2012 IN FAST/9285/2012 WITH CA/4440/2012 IN FAST/9413/2012 WITH CA/4441/2012 IN FAST/9413/2012 WITH CA/4436/2012 IN FAST/9422/2012 THE STATE OF MAH VERSUS ANANT RAMCHANDRA KULKARNI AND ANR ... Mr. A.M. Phule, AGP for appellants Mr. P.D. Suryawanshi, Mr. B.R. Sontakke Patil, Advocates for respective respondents ... 20 CIVIL APPLICATION NO.13685 OF 2012 7 1 to 26 and 43 IN FAST/27714/2012 WITH CA/13686/2012 IN FAST/27714/2012 THE STATE OF MAH AND ANR VERSUS KONDIBA NAMDEV DHAKNE ... Mr. A.M. Phule, AGP for appellants/applicants ... 21 CIVIL APPLICATION NO.13687 OF 2012 IN FAST/27717/2012 WITH CA/13688/2012 IN FAST/27717/2012 THE STATE OF MAH AND ANR VERSUS DNYANOBA SUKHDEV DHAKNE AND ANR ... Mr. A.M. Phule, AGP for appellants/applicants ... 22 CIVIL APPLICATION NO.13689 OF 2012 IN FAST/27873/2012 WITH CA/13690/2012 IN FAST/27873/2012 THE STATE OF MAH THR COLLECTOR VERSUS RAJENDRA VITTHAL ZARAD AND ANR ... Mr. A.M. Phule, AGP for appellants/applicants ... 23 CIVIL APPLICATION NO.13691 OF 2012 IN FAST/27723/2012 WITH CA/13692/2012 IN FAST/27723/2012 THE STATE OF MAH AND ANR VERSUS BHIVA BHAU KALE, DIED THR. L.RS. BALASAHEB AND ORS ... Mr. A.M. Phule, AGP for appellants/applicants 8 ... 1 to 26 and 43 24 CIVIL APPLICATION NO.13693 OF 2012 IN FAST/27702/2012 WITH CA/13694/2012 IN FAST/27702/2012 THE STATE OF MAH VERSUS RAM DASHRATH WADEKAR AND ORS ... Mr. A.M. Phule, AGP for appellants/applicants ... 25 CIVIL APPLICATION NO.4813 OF 2013 IN FAST/6462/2013 WITH CA/4814/2013 IN FAST/6462/2013 WITH CA/4815/2013 IN FAST/6492/2013 WITH CA/4816/2013 IN FAST/6492/2013 THE STATE OF MAHARASHTRA VERSUS PARMESHWAR MAHADEV WANVE AND ANOTHER ... Mr. A.M. Phule, AGP for appellants/applicants ... 26 CIVIL APPLICATION NO.4893 OF 2013 IN FAST/5351/2013 WITH CA/4894/2013 IN FAST/5351/2013 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS TUKARAM BABA DHAS AND ANOTHER ... Mr. A.M. Phule, AGP for appellants/applicants ... 43 FIRST APPEAL NO.1529 OF 2016 WITH FA/1530/2016 9 1 to 26 and 43 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS YADA MAHADA KAPSE AND OTHERS ... Mr. A.M. Phule, AGP for appellants Mr. S.B. Choudhari, Advocate for respondents ...
Decision
O R D E R 1 All these appeals are filed by the State challenging the enhancement of the compensation in respect of land acquisition by the Reference Court. Mr. Namdeo Tilekar, Sub Divisional Officer, Beed, Dist. Beed for Acquiring Body is present. He has tendered Authority Letter issued by the Acquiring Body, which is taken on record. Learned AGP Mr. A.M. Phule appearing for State is present. So also, the Advocates appearing for respective respondents are present. 2 Learned AGP submits that in view of the policy decision taken by the Government vide Government Resolution No. ladh.kZ&2014@iz-dz- 41@Hkkx&1@v&4 fn- 3 uksOgsacj 2016 with Government Corrigendum dated 23rd February 2017 and 13th August, 2018 to the said Government Resolution, the Authority to whom the powers are granted has decided to settle the appeals. In view of the fact that the reference Court has enhanced the compensation within the outer limit prescribed in the Government 10 1 to 26 and 43 Resolution the Government has decided to withdraw the appeals/delay condonation applications with appeals. 3 Learned AGP submits that the Acquiring Body is verifying the fact as to whether the amount of compensation as granted by the Reference Court with interest has been deposited in the Court or not, but if at all in some matters it is not deposited the Acquiring Body is making a statement that they would deposit the same along with accrued interest within a period of six months from today. 4 In view of the said submission the First Appeals as well as the applications therein including applications for condonation of delay stand withdrawn. 5 6 Award be drawn accordingly. Liberty is given to the Acquiring Body to deposit the entire amount of compensation together with interest with Reference Court within a period of six months from today, in those cases where the amount is not deposited. 7 Amount, if any, pending allowed to be withdrawn and in those cases also, where the amount would be deposited within six months, after it is deposited the original claimants would be allowed to withdraw the said amount. 11 1 to 26 and 43 8 9 10 11 Refund of Court fees would be as per rules. All the matters accordingly stand disposed of. Pending civil applications, if any, stand disposed of. Cross objections, if any, be removed from the board. (S.P. Brahme) Advocate Member (V.B. Mantri) D.J. (Retd.) Member (Smt. Vibha Kankanwadi, J.) Head of the Panel. Date : 11.02.2023. Place : Aurangabad. agd