PANDIT TATYARAO AVCHAR v. EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND
Case Details
1 35fa757.18 and Ors IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 09.09.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD. 35 FIRST APPEAL NO.757 OF 2018 PANDIT TATYARAO AVCHAR VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 36 FIRST APPEAL NO.759 OF 2018 DNYNOBA RAMBHAU KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 37 FIRST APPEAL NO.760 OF 2018 PRAKASH BABANRAO KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 38 FIRST APPEAL NO.761 OF 2018 SHIVAJI BAJIRAO AWACHAR (DIED) THR LRS RAJEBHAU AND ANR VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS 2 35fa757.18 and Ors AND
Legal Reasoning
VISHNU SHRIRANGRAO KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 40 FIRST APPEAL NO.763 OF 2018 NAGNATH BABURAO KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 41 FIRST APPEAL NO.764 OF 2018 GANPAT DNYANOBA KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 42 FIRST APPEAL NO.765 OF 2018 BABAN KHANDU KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 43 FIRST APPEAL NO.766 OF 2018 BHASKAR TATYARAO AVCHAR 3 35fa757.18 and Ors VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 44 FIRST APPEAL NO.767 OF 2018 DNYANOBA TATYARAO AWACHAR VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 45 FIRST APPEAL NO.768 OF 2018 GAYABAI BABURAO KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 46 FIRST APPEAL NO.769 OF 2018 DATTA KESHAV KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 47 FIRST APPEAL NO.828 OF 2018 KAILAS RAMKISAN GORE VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 4 35fa757.18 and Ors 48 FIRST APPEAL NO.829 OF 2018 BABURAO RAMBHAU KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 49 FIRST APPEAL NO.830 OF 2018 PRALHAD MANIKRAO KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 50 FIRST APPEAL NO.831 OF 2018 SOPAN SHRIRANGRAO KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 51 FIRST APPEAL NO.832 OF 2018 LIMBAJI RAMKISAN GORE VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 52 FIRST APPEAL NO.833 OF 2018 TUKARAM KHANDUJI KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS 5 35fa757.18 and Ors AND 53 FIRST APPEAL NO.834 OF 2018 MUKTABAI BABANRAO KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 54 FIRST APPEAL NO.835 OF 2018 VITHAL TULSIRAM AVCHAR VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 56 FIRST APPEAL NO.837 OF 2018 NAMDEO KHANDU KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 57 FIRST APPEAL NO.838 OF 2018 KASHINATH PANDURANG KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 58 FIRST APPEAL NO.839 OF 2018 6 35fa757.18 and Ors GANPAT BAJIRAO AVCHAR VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 59 FIRST APPEAL NO.840 OF 2018 GANESH TATYARAO AWACHAR VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 60 FIRST APPEAL NO.841 OF 2018 GOVIND DHONDIBA GORE THR LRS DWARKABAI AND ORS VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 61 FIRST APPEAL NO.842 OF 2018 SUKHDEO DHONDIBA GORE VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 62 FIRST APPEAL NO.843 OF 2018 ANKUSH SHRIRANGRAO KADAM VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND 7 35fa757.18 and Ors 63 FIRST APPEAL NO.479 OF 2019 RANGNATH TULSIRAM AVCHAR VERSUS THE STATE OF MAHARASHTRA AND ORS AND 65 FIRST APPEAL NO.1404 OF 2019 GOVIND TULSIRAM AVCHAR VERSUS THE STATE OF MAHARASHTRA AND ORS AND 140 FIRST APPEAL NO.758 OF 2018 VASANT TATERAO AVCHAR VERSUS EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS AND FIRST APPEAL (ST) NO. 29951 OF 2019 WITH CA/2261/2022 SUDAM KISAN AVCHAR VERSUS STATE OF MAHARASHTRA AND ORS AND FIRST APPEAL NO. 1405 OF 2019 KUNDALIK TULSIRAM AVCHAR (DIED) THR LRS SURAJABAI W/O KUNDALIK AVACHAR AND ORS. 8 35fa757.18 and Ors VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS. ... Advocate for Appellants : Mr.Randive Sachin S. AGP for Respondent Nos. 2 & 3/State : Mr.A.M.Phule Advocate for Respondent No. 1 : Mr.S.G. Bhalerao …
Decision
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 on board. On mentioning they are taken on board. 2. These appeals are placed before today’s National Lok Adalat 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 Acquiring Body/State is present. The claimants are represented by the learned Advocate Mr. S.S.Randive. 4. The learned Advocates for the Acquiring Body/State and the claimants fairly conceded that the Government of Maharashtra vide Government Resolution No. Sankirn/ 9 35fa757.18 and Ors 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 took decision to settle the appeal by accepting the market rates determined by the Reference Court, which are within parameters set out in the Government Resolution. The statement made by both the learned Advocates is in consonance with the recitals in the Government Resolution. In turn, this appeals are fit to dispose of before this National Lok Adalat. 5. The learned Advocate for both the parties further submit that as far as the interest U/s. 28 and 34 of the land Acquisition Act, 1894 (for short “Act”) awarded by the SLAO as well as Reference Court shall be as per verdict by the Full Bench in the case State of Maharashtra Vs. Kailash Shiva Rangari, 2016 (4) ALL MR 513 and the Hon’ble Single Judge in the case of State of Maharashtra Vs. Ramesh Tukaram Meshram – 2018 (1) ALL MR 645. In turn, they submit that the impugned Award may be modified to that extent as far as interest is concerned. 6. Having considered the legal position ruled in both the aforesaid judgments, the impugned Awards stand modified. 10 35fa757.18 and Ors The interest shall be calculated, if required as per these two judgments. 7. The Acquiring Body/State shall deposit the amount of compensation as per modified Award within six months from the date of this order. The learned Advocates for both the parties further fairly submit that the amount shall not carry interest which would be deposited within period of six months. The statement is accepted. However, it is clarified, if the amount is deposited after the six months, then it shall carry the interest in terms of Section 28 or 34 of the Act, as the case may be. 8. The learned Advocates for both the parties further made submission on the point of amount deposited. As far as the amount, if any, already deposited and withdrawn either partly or fully, shall be considered at the time of final disbursement in terms of the present Award. 9. As per the compromise terms the Acquiring Body shall deposit amount of compensation within a period of 9 months from today and upon failure to deposit amount of compensation within 9 months, the claimants are entitled for interest as per the judgment in State of Maharashtra Vs. 11 35fa757.18 and Ors Kailash Shiva Rangari (supra). 10. The appellants are at liberty to make appropriate application for withdrawal before the reference Court. If the amount in the terms of compromise above is not deposited within six months, the claimants are at liberty to file Execution Proceeding before the reference Court. 11. The appeals stand disposed of. The Award be prepared in terms of this order. 12. The Civil Applications, if any, except the application to 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. ) Member D.J. (Retd.) Head of the Panel Member Date : 09.09.2023 Place : Aurangabad. mahajansb/