High Court
Legal Reasoning
1 35fa757.18 and OrsIN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLESHRI JUSTICE KISHORE C. SANT, HELD ON 09.09.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE ATAURANGABAD.35 FIRST APPEAL NO.757 OF 2018PANDIT TATYARAO AVCHARVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND36 FIRST APPEAL NO.759 OF 2018DNYNOBA RAMBHAU KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND37 FIRST APPEAL NO.760 OF 2018PRAKASH BABANRAO KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND38 FIRST APPEAL NO.761 OF 2018SHIVAJI BAJIRAO AWACHAR (DIED) THR LRS RAJEBHAU ANDANRVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORS 2 35fa757.18 and OrsAND39 FIRST APPEAL NO.762 OF 2018VISHNU SHRIRANGRAO KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND40 FIRST APPEAL NO.763 OF 2018NAGNATH BABURAO KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND41 FIRST APPEAL NO.764 OF 2018GANPAT DNYANOBA KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND42 FIRST APPEAL NO.765 OF 2018BABAN KHANDU KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND43 FIRST APPEAL NO.766 OF 2018BHASKAR TATYARAO AVCHAR 3 35fa757.18 and OrsVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND44 FIRST APPEAL NO.767 OF 2018DNYANOBA TATYARAO AWACHARVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND45 FIRST APPEAL NO.768 OF 2018GAYABAI BABURAO KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND46 FIRST APPEAL NO.769 OF 2018DATTA KESHAV KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND47 FIRST APPEAL NO.828 OF 2018KAILAS RAMKISAN GOREVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND 4 35fa757.18 and Ors48 FIRST APPEAL NO.829 OF 2018BABURAO RAMBHAU KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND49 FIRST APPEAL NO.830 OF 2018PRALHAD MANIKRAO KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND50 FIRST APPEAL NO.831 OF 2018SOPAN SHRIRANGRAO KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND51 FIRST APPEAL NO.832 OF 2018LIMBAJI RAMKISAN GOREVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND52 FIRST APPEAL NO.833 OF 2018TUKARAM KHANDUJI KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORS 5 35fa757.18 and OrsAND53 FIRST APPEAL NO.834 OF 2018MUKTABAI BABANRAO KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND54 FIRST APPEAL NO.835 OF 2018VITHAL TULSIRAM AVCHARVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND56 FIRST APPEAL NO.837 OF 2018NAMDEO KHANDU KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND57 FIRST APPEAL NO.838 OF 2018KASHINATH PANDURANG KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND58 FIRST APPEAL NO.839 OF 2018 6 35fa757.18 and OrsGANPAT BAJIRAO AVCHARVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND59 FIRST APPEAL NO.840 OF 2018GANESH TATYARAO AWACHARVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND60 FIRST APPEAL NO.841 OF 2018GOVIND DHONDIBA GORE THR LRS DWARKABAI AND ORSVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND61 FIRST APPEAL NO.842 OF 2018SUKHDEO DHONDIBA GOREVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND62 FIRST APPEAL NO.843 OF 2018ANKUSH SHRIRANGRAO KADAMVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSAND 7 35fa757.18 and Ors63 FIRST APPEAL NO.479 OF 2019RANGNATH TULSIRAM AVCHARVERSUSTHE STATE OF MAHARASHTRA AND ORSAND65 FIRST APPEAL NO.1404 OF 2019GOVIND TULSIRAM AVCHARVERSUSTHE STATE OF MAHARASHTRA AND ORSAND140 FIRST APPEAL NO.758 OF 2018VASANT TATERAO AVCHARVERSUSEXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELUAND ORSANDFIRST APPEAL (ST) NO. 29951 OF 2019 WITH CA/2261/2022 SUDAM KISAN AVCHARVERSUSSTATE OF MAHARASHTRA AND ORSANDFIRST APPEAL NO. 1405 OF 2019KUNDALIK TULSIRAM AVCHAR (DIED) THR LRS SURAJABAIW/O KUNDALIK AVACHAR AND ORS. 8 35fa757.18 and OrsVERSUSTHE STATE OF MAHARASHTRA THROUGH THE COLLECTORJALNA AND ORS....Advocate for Appellants : Mr.Randive Sachin S.AGP for Respondent Nos. 2 & 3/State : Mr.A.M.PhuleAdvocate for Respondent No. 1 : Mr.S.G. Bhalerao … O R D E R(09 th SEPTEMBER, 2023) 1.The Civil Application No. 2261 of 2022 in FAST No.29951 of 2019 and First Appeal No. 1405 of 2019 are not onboard. On mentioning they are taken on board.2.These appeals are placed before today’s National LokAdalat with the consent of the parties.3.Mr. S.B. Korke, Executive Engineer, GMIDC, Jalna,for of Acquiring Body/State is personally present today.Mr. S.G. Bhalerao, the learned Advocate on behalf of AcquiringBody/State is present. The claimants are represented by thelearned Advocate Mr. S.S.Randive.4.The learned Advocates for the Acquiring Body/Stateand the claimants fairly conceded that the Government ofMaharashtra vide Government Resolution No. Sankirn/ 9 35fa757.18 and Ors2014/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 tookdecision to settle the appeal by accepting the market ratesdetermined by the Reference Court, which are withinparameters set out in the Government Resolution. Thestatement made by both the learned Advocates is in consonancewith the recitals in the Government Resolution. In turn, thisappeals are fit to dispose of before this National Lok Adalat.5.The learned Advocate 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.6.Having considered the legal position ruled in boththe aforesaid judgments, the impugned Awards stand modified. 10 35fa757.18 and OrsThe interest shall be calculated, if required as per these twojudgments.7.The Acquiring Body/State shall deposit the amountof compensation as per modified Award within six months fromthe date of this order. The learned Advocates for both the partiesfurther fairly submit that the amount shall not carry interestwhich would be deposited within period of six months. Thestatement is accepted. However, it is clarified, if the amount isdeposited after the six months, then it shall carry the interest interms of Section 28 or 34 of the Act, as the case may be.8.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.9.As per the compromise terms the Acquiring Bodyshall deposit amount of compensation within a period of 9months from today and upon failure to deposit amount ofcompensation within 9 months, the claimants are entitled forinterest as per the judgment in State of Maharashtra Vs.
Decision
11 35fa757.18 and OrsKailash Shiva Rangari (supra).10.The appellants are at liberty to make appropriateapplication for withdrawal before the reference Court. If theamount in the terms of compromise above is not depositedwithin six months, the claimants are at liberty to file ExecutionProceeding before the reference Court.11.The appeals stand disposed of. The Award beprepared in terms of this order. 12.The Civil Applications, if any, except the applicationto bring on record the legal heirs, stand disposed of.13.The Court Fee Certificate be issued as per the Rules. (A.R.BORULKAR) ( S.G.SHETE ) ( KISHORE C. SANT, J. )MemberD.J. (Retd.) Head of the Panel Member Date : 09.09.2023Place : Aurangabad.mahajansb/