Disposed

Godavari Marathwada Irrigation Development Corporation Ltd. v. Suryakant Sheshrao Solanke and Anr.

Bombay HC14 Jul 2018FA/1461/2011

Case brief

AI extract

What is this about?

Lok Adalat Samiti allowed and disposed of multiple first appeals filed by acquiring authorities challenging land acquisition awards. The court dismissed the appeals after ascertaining that appellants deposited compensation and respondents had withdrawn claims, thereby accepting the awards.

What did the court decide?

All first appeals and civil applications disposed of with awards deemed accepted upon withdrawal of compensation by claimants.

Godavari Marathwada Irrigation Development Corporation Ltd… — Land Acquisition | Bombay HC (2018)

¶1

1 FA 2419/2010 & Ors.

¶2

IN THE NATIONAL LOK ADALAT
PRESIDED OVER BY HON’BLE SHRI JUSTICE P.R.BORA,
HELD ON 14th JULY, 2018

¶3

AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD

¶4

1 FIRST APPEAL NO.2419 OF 2010

¶5

EXECUTIVE ENGINEER MINOR IRRIGATION
VERSUS

¶6

SUNANDA GUNWANT DONGRE AND OTHERS

¶7

WITH CA/8778/2010 IN FA/2419/2010 WITH FA/2411/2010
WITH CA/8788/2010 IN FA/2411/2010 WITH FA/2412/2010
WITH CA/8770/2010 IN FA/2412/2010 WITH FA/2413/2010
WITH CA/8772/2010 IN FA/2413/2010 WITH FA/2414/2010
WITH CA/8780/2010 IN FA/2414/2010 WITH FA/2415/2010
WITH CA/8776/2010 IN FA/2415/2010 WITH FA/2416/2010
WITH CA/8774/2010 IN FA/2416/2010 WITH FA/2417/2010
WITH CA/8768/2010 IN FA/2417/2010 WITH FA/2418/2010
WITH CA/8790/2010 IN FA/2418/2010 WITH FA/2420/2010
WITH CA/8796/2010 IN FA/2420/2010 WITH FA/2421/2010
WITH CA/8782/2010 IN FA/2421/2010 WITH FA/2422/2010
WITH CA/8784/2010 IN FA/2422/2010 WITH FA/2423/2010
WITH CA/8786/2010 IN FA/2423/2010 WITH FA/2424/2010
WITH CA/8792/2010 IN FA/2424/2010 WITH FA/2425/2010
WITH CA/8794/2010 IN FA/2425/2010

¶8

WITH

¶9

2 FIRST APPEAL NO. 2692 OF 2010

¶10

THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION THROUGH THE EX ENGINEE

¶11

VERSUS

¶12

MOHMAD GULABSHEB SAYYAD AND ANR

¶13

WITH CA/7462/2010 IN FA/2692/2010 WITH FA/2691/2010
WITH CA/7450/2010 IN FA/2691/2010 WITH FA/2693/2010
WITH CA/7459/2010 IN FA/2693/2010 WITH FA/2701/2010
WITH CA/7456/2010 IN FA/2701/2010 WITH FA/2722/2010
WITH CA/7447/2010 IN FA/2722/2010 WITH FA/2723/2010
WITH CA/7465/2010 IN FA/2723/2010 WITH FA/2724/2010
WITH CA/7471/2010 IN FA/2724/2010 WITH FA/2725/2010
WITH CA/7468/2010 IN FA/2725/2010 WITH FA/2726/2010
WITH CA/7474/2010 IN FA/2726/2010 WITH FA/2727/2010

¶14

2 FA 2419/2010 & Ors.

¶15

WITH CA/7438/2010 IN FA/2727/2010 WITH FA/2728/2010
WITH CA/7477/2010 IN FA/2728/2010 WITH FA/2729/2010
WITH CA/7435/2010 IN FA/2729/2010 WITH FA/2730/2010
WITH CA/7441/2010 IN FA/2730/2010 WITH FA/2731/2010
WITH CA/7444/2010 IN FA/2731/2010 WITH FA/2732/2010
WITH CA/7453/2010 IN FA/2732/2010 WITH FA/2733/2010
WITH CA/7432/2010 IN FA/2733/2010

¶16

WITH

¶17

3 FIRST APPEAL NO. 1455 OF 2011

¶18

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION LTD

¶19

VERSUS
NAMDEO PIRAJI SOLUNKE AND ANR

¶20

WITH CA/1715/2011 IN FA/1455/2011 WITH

¶21

FAST/34646/2010 WITH CA/1723/2011 IN FAST/34646/2010
WITH FA/1453/2011 WITH CA/1721/2011 IN FA/1453/2011
WITH CA/1720/2011 IN FA/1453/2011 WITH FA/1454/2011
WITH CA/1752/2011 IN FA/1454/2011 WITH CA/1751/2011
IN FA/1454/2011 WITH FA/1456/2011 WITH CA/1734/2011
IN FA/1456/2011 WITH CA/1733/2011 IN FA/1456/2011
WITH FA/1457/2011 WITH CA/1727/2011 IN FA/1457/2011
WITH CA/1728/2011 IN FA/1457/2011 WITH FA/1458/2011
WITH CA/1739/2011 IN FA/1458/2011 WITH CA/1740/2011
IN FA/1458/2011 WITH FA/1459/2011 WITH CA/1746/2011
IN FA/1459/2011 WITH CA/1745/2011 IN FA/1459/2011
WITH FA/1460/2011 WITH CA/1737/2011 IN FA/1460/2011
WITH CA/1736/2011 IN FA/1460/2011 WITH FA/1461/2011
WITH CA/1748/2011 IN FA/1461/2011 WITH CA/1749/2011
IN FA/1461/2011 WITH FA/1462/2011 WITH CA/1742/2011
IN FA/1462/2011 WITH CA/1743/2011 IN FA/1462/2011
WITH FA/1463/2011 WITH CA/1731/2011 IN FA/1463/2011
WITH CA/1730/2011 IN FA/1463/2011 WITH FA/1464/2011
WITH CA/1717/2011 IN FA/1464/2011 WITH CA/1718/2011
IN FA/1464/2011

¶22

WITH

¶23

4 FIRST APPEAL NO. 3341 OF 2015

¶24

EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION DIVISION
VERSUS

¶25

THE STATE OF MAHARASHTRA AND OTHERS

¶26

3 FA 2419/2010 & Ors.

¶27

WITH

¶28

5 FIRST APPEAL NO. 2330 OF 2016

¶29

THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION LATUR
VERSUS

¶30

SAMBHAJI SADASHIV KENDRE AND ORS

¶31

WITH

¶32

6 FIRST APPEAL NO. 2331 OF 2016

¶33

THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION

¶34

DIVISION LATUR

¶35

VERSUS

¶36

DINKAR VYANKATRAO KENDRE AND ANR

¶37

WITH

¶38

7 FIRST APPEAL (STAMP) NO. 27859 OF 2014

¶39

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR

¶40

VERSUS

¶41

UMAKANT NIVRUTTI KHALANGRE AND OTHERS

¶42

O R D E R

¶43

1.All these first appeals are filed by the

¶44

Executive Engineer, Latur, challenging the awards passed
by the respective Reference Courts under section 18 of
the Land Acquisition Act. Smt. Roopali Dagadu Thombare,
Executive Engineer, Latur Minor Irrigation Division,

¶45

Latur is present before the Panel of Lok Adalat.
Appellant/Acquiring Body in group of First Appeal No.
2419 of 2010 with connected First Appeals is represented
by Advocate Shri Shirish Sangle, in group of First Appeal
No. 2692 of 2010 with connected First Appeals by Advocate

¶46

4 FA 2419/2010 & Ors.

¶47

Shri Anil M. Gaikwad, in group of First Appeal No. 1455
of 2011 with connected First Appeals by Advocate Shri
S.S. Tope, in First Appeal No. 3341 of 2015 by Advocate
Shri B.R. Survase, in First Appeal (Stamp) No. 27859 of
2014 by Shri P.S. Patil and appellant in First Appeals
No. 2330 of 2016 and 2331 of 2016 is represented by
Smt. M.B. Gangwal.

¶48

2. It is informed that in all these matters the appellant has deposited the amount of compensation as per the award passed under section 18 of the Land Acquisition Act alogwith interest accrued thereon. It is further informed that since in all these matters the Reference Court has determined the market value of the subject lands at the rate not exceeding four times of the ready reckoner rates prevailing on the date of acquisition, in view of the policy adopted by the Government vide Government Resolution No. Revenue & Forest Department – ladh.kZ & „Œƒ†@iz-dz- †ƒ / Hkkx& ƒ@v&† fnukad „3@„@„Œƒ‰ with corrigendum No. ladh.kZ & „Œƒ†@iz-dz- †ƒ / Hkkx& ƒ@v&† fnukad †@‡@„Œƒ‰] the appellant has now decided not to prosecute these appeals further.

¶49

3.It is further contended that in majority

¶50

matters, the claimants have already withdrawn amount of

¶51

5 FA 2419/2010 & Ors.

¶52

compensation without any complaint leading to an
inference that they have accepted the amount so deposited
as per the award passed in their favour. In view of the
above, all these matters stand finally settled and
disposed of.

¶53

4.The civil applications, if any shall stand
disposed of.

¶54

5.The amount, if any deposited by the appellant,
if not yet withdrawn by the concerned respondents, it
would be open for them to withdraw the same.

¶55

6.The solvent surety or bank guarantee, etc. if
any, submitted by original claimants while withdrawing
amount earlier shall stand discharged.

¶56

7.The appellant is entitled for the refund of
court fees amount in accordance with law.

¶57

(K.B. Chaudhari) (A.T.A.K. Shaikh) ( P.R.BORA, )
 ADVOCATE DISTRICT JUDGE(RETD.) JUDGE
 MEMBER MEMBERHEAD OF THE PANEL
Date: 14th July, 2018
Place: Aurangabad

Godavari Marathwada Irrigation Development Corporation Ltd. v. Suryakant Sheshrao Solanke and Anr.

Case brief

What is this about?

What did the court decide?

Godavari Marathwada Irrigation Development Corporation Ltd. v. Suryakant Sheshrao Solanke and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bajaj Allianz General Insurance Co. Ltd., Thr Its Branch Manager, Aurangabad vs Asaram Umaji Gawali (Dead) Suman and Ors.

Bajaj Allianz General Insurance Co. Ltd., Thr Its Branch Manager Aurangabad vs Kanhu Patilba Gawali and Ors.

Shantaram Arjun Patil and Anr. Vs the Special Land Acq Officer Upper Tapi Project Hatnur 2 and Anr.

Godavari Marathwada Irrigation Development Corporation Ltd. Vs Venkatrao Govindrao Solanke (Died) Lrs Yamunabai Venkatrao Solunke and Anr.

Marak Kashinath Bhil Vs the Special Land Acquisition Officer U.T.P.H. -1 Jalgaon and Anr.

The Executive Engineer, Nimna Dudhana Project Division Selu, Thr Jalna Irrigation Div. Jalna and or Vs Subhash Ramrao Kanherkar and Ors.