CUTIVE ENGINEER, MINOR IRRIGATION (LOCAL AREA)DIVISION, DHULE NOW OFFICENANDURBAR v. KASHIRAM DHARMA KOKANI AND OTHERS

Legal Reasoning

FIRST APPEAL NO.2056 OF 2019 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, NESU PROJECT DHULE, ( 4 ) ca14912.15 NOW OFFICE NANDURBAR VERSUS KUSUM RAJENDRA GAVIT AND OTHERS

Legal Reasoning

Mr. S.S. Chillarge, Advocate for the applicants. Mr. B.V. Virdhe, AGP for the respondent/State. Mr. Rohan Ratansingh Vasave, Asstt. Engineer, Class-II, Nandurbar Medium Project is present.

Decision

O R D E R [11th February, 2023]

02. First Appeal No. 2056 of 2019 is not on Board. Taken on Board. Having considered the reasons mentioned in the civil applications and as the parties have arrived at amicable settlement, it is desirable to condone the delay. Hence, the delay caused in filing appeals stands condoned. The civil applications for condonation of delay, if any, stand allowed and disposed off. Office to register the appeals.

03. Insofar as the First Appeals are concerned, these matters are placed before us in today’s Lok-Adalat. Mr. Rohan Ratansingh Vasave, Assistant Engineer, Class-II, Nandurbar Medium Project is present.

04. The learned Advocate for the Acquiring Body submits that the above numbered group of appeals is squarely covered by Government Resolution No. Sankirna-2014/pra.kra4/Bham-1/A-4 dated 03.11.2016 with Government Corrigendum dated 23.02.2017 and 13.08.2018 to the said Government Resolution. Hence, the group of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly the acquiring body is withdrawing these appeals. ( 5 ) ca14912.15

05. The learned Advocate for the Acquiring Body states that entire amount in these appeals has been deposited and later-on the said amount has been withdrawn by the original claimants by obtaining orders from this Court. He submits that in these circumstances nothing survived in these appeals.

06. However, before disposing off the appeals, it is further clarified that in case the amount is not deposited as per the award, the Acquiring Body undertakes to deposit the said amount within a period of six months in the concerned Reference Court. If the amount is not deposited within six weeks, then it shall carry the interest in terms of Section 28 or 34 of the Act, as the case may be. If the amount is not withdrawn by the claimants/ respondents, same is allowed to be withdrawn and office to allow withdrawal. If the said amount is not deposited, the claimants are at liberty to withdraw the said amount after the amount is deposited.

07. costs.

09. The first appeals stand disposed off as withdrawn. No order as to Pending civil application/s, if any, stand/s disposed off. The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act. [A.R. BORULKAR] Advocate Member snk/Lokadalat/ca14912.15 [S.G. SHETE] District Judge (Retd.) Member [KISHORE C. SANT, J.] Head of Panel