Disposed

State of Mah v. Vinayak Shivappa Birajdr

Bombay HC12 Dec 2020FA/1265/2008

Case brief

AI extract

What is this about?

A National Lok Adalat disposed of multiple first appeals filed by the State of Maharashtra against land acquisition awards. The appeals were withdrawn by the original claimants/respondents who filed undertakings to that effect. The court ordered compensation disbursement and court fee refunds.

What did the court decide?

Appeals disposed of as withdrawn. Reference court to disburse deposited compensation. Court fee refund issued to State. Parties bear their own costs.

State of Mah Vs Vinayak Shivappa Birajdr — Land Acquisition | Bombay HC (2020)

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213 FA 1262-08.odt

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IN THE NATIONAL LOK ADALAT

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PRESIDED OVER BY HON’BLE SHRI JUSTICE SHRIKANT D. KULKARNI,

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HELD ON 12^th DECEMBER, 2020

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AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AT AURANGABAD

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213 FIRST APPEAL NO.1262 OF 2008

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THE STATE OF MAHARASHTRA ...Appellant V E R S U S ANANT RANGRAO KULKARNI ...Respondent WITH FIRST APPEAL NO.1267 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S SHANTABAI RAM MULJE ...Respondent WITH FIRST APPEAL NO.1268 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S RAM MALIKARJUN MULJE ...Respondent WITH FIRST APPEAL NO.1269 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S ARVIND BALRAM KALE ...Respondent WITH FIRST APPEAL NO.1272 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S DIGAMBAR DNYANOB NAGHE ...Respondent WITH FIRST APPEAL NO.1270 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S RAMESH RANGNATH KULKARNI ...Respondent WITH FIRST APPEAL NO.1265 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S VINAYAK SHIVAPPA BIRAJDAR ...Respondent WITH FIRST APPEAL NO.1266 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S UTTAM RAMRAO KULKARNI ...Respondent WITH

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( 2 ) 213 FA 1262-08.odt

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FIRST APPEAL NO.1274 OF 2008

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THE STATE OF MAHARASHTRA ...Appellant V E R S U S MALIKARJUN SANGAPPA KITHAKARI ...Respondent WITH FIRST APPEAL NO.1264 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S GULAB PANDU PUJARI ...Respondent WITH FIRST APPEAL NO.1271 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S AMAN RAMRAO KULKARNI ...Respondent WITH FIRST APPEAL NO.1273 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S RAM KERBA WAGHE ...Respondent WITH FIRST APPEAL NO.1263 OF 2008 THE STATE OF MAHARASHTRA ...Appellant V E R S U S HANMANT LIMBA CHAYLE ...Respondent

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Mr. A.M.Phule, learned A.G.P. for the appellant/State Mr. M.S.Patil, learned Advocate for the respondent/s

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O R D E R

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The appeals proceedings are placed before us in today’s National Lok Adalat.

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Mr.Phule, learned AGP for the appellant/State submits that the amount of compensation awarded by the SLAO is within the range of four times in view of the Government Resolution dated 03/11/2016 and subsequent Corrigendum dated 23/02/2017 and 13/08/2018. He further

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213 FA 1262-08.odt

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submits that the appellant/State intends to withdraw the Appeals.

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Mr.Patil (Almalekar), learned Advocate for the respondent/s/original claimant/s submits that he has no objection to withdraw the appeals and filed undertakings to that effect.

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In these matters notification under Section 4 of the L.A. Act, 1894 under the old Act came to be published on 4^th February, 1986 and award was passed by the SLAO on 31^st March, 1989. The SLAO has deposited the amount of compensation in the reference Court in the year 1996 itself.

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Having regard to the above submissions and in view of the undertakings furnished by the learned advocate for the original claimant/s/respondent/s, the appeals stand disposed of as withdrawn.

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The amount of compensation deposited in the reference Court by the State, if any, lying there, the reference Court shall make disbursement of the same to the original claimant/s, if the compensation is not withdrawn earlier.

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The court fee refund certificate be issued to the

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( 4 ) 213 FA 1262-08.odt

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appellant/State as per the rules.

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Pending the civil application/s, if any, is/are disposed of.

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Parties to bear their own costs.

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(S.P. BRAMHE) (S.G. SHETE) (SHRIKANT D. KULKARNI) ADVOCATE DIST.JUDGE(Retd.) JUDGE Member Member HEAD OF THE PANEL

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Date : 12^th December, 2020 Place: Aurangabad

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sarowar

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State of Mah v. Vinayak Shivappa Birajdr

Case brief

What is this about?

What did the court decide?

State of Mah v. Vinayak Shivappa Birajdr

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

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