Disposed

State of Maha v. Prakash Baburao Bembde and Ors.

Bombay HC1 Aug 2021FA/2515/2008

Case brief

AI extract

What is this about?

The National Lok Adalat, comprising a judge and retired district judges, disposed of multiple appeals involving the State of Maharashtra regarding land acquisition. The court accepted a settlement compromise where the State agreed to pay compensation at market rates. A modification was made to award interest consistent with specific precedents (Kailash Shiva Rangari and Ramesh Tukaram Meshram case

What did the court decide?

Compensation to be deposited by the State within six months; interest liable only if deposited late; appeal disposed via compromise.

State of Maha Vs Prakash Baburao Bembde and Ors. — Land Acquisition | Bombay HC (2021)

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FA No.29/2005 & Ors.

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE R.N. LADDHA, HELD ON 1^st AUGUST, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD

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1 FIRST APPEAL NO.29 OF 2005 WITH FA/30/2005 WITH CA/3480/2004 IN FA/29/2005 WITH CA/3482/2004 IN FA/30/2005

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STATE OF MAHARASHTRA VERSUS JIJABAI BHAURAO KODALE

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for Respondents : Mr. A.B. Tele

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5 FIRST APPEAL NO.990 OF 2008 WITH FA/991/2008 WITH FA/992/2008

STATE OF MAHARASHTRA

VERSUS

RAM @ RAMRAO IRAPPA

AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. P.G. Gunale

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7 FIRST APPEAL NO.1664 OF 2008

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WITH FA/1663/2008 WITH FA/1665/2008 WITH FA/1666/2008 WITH FA/1667/2008 WITH FA/1668/2008 WITH FA/1670/2008 WITH FA/1671/2008 WITH FA/1672/2008 WITH FA/1673/2008

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STATE OF MAHARASHTRA

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VERSUS

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KASHIBAI MAHADEO WAGARE

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Mr. B.M. Thorat, Executive Engineer, P.W.D. Latur for Acquiring Body/State Advocate for Respondents : Mr. P.P. More

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… 8 FIRST APPEAL NO.1855 OF 2008 WITH FA/1854/2008

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FA No.29/2005 & Ors.

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STATE OF MAHARASHTRA VERSUS

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RAM VENKAT JAGTAP DIED LRS and ORS

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents 1 to 7 : Mr. S.P. Urgunde

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… 9 FIRST APPEAL NO.1897 OF 2008

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STATE OF MAHARASHTRA THR COLLECTOR, LATUR VERSUS

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BHIMRAO KONDIBA GANGTHADE

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for Respondents : Mr. S.S. Pawar

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… 10 FIRST APPEAL NO.1968 OF 2008

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STATE OF MAHARASHTRA

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VERSUS

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IRANTAPPA BHUJANGRAO WADIKAR

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for Respondent 3 : Mr. N.P. Patil

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12 FIRST APPEAL NO.2214 OF 2008

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STATE OF MAHARASHTRA

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VERSUS

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ANUSAYABAI BANDIAPPA BIRADAR

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AGP for Respondents : Mr. A. M. Phule/Mr. S.S. Dande. Advocate for Respondents : Mr. V. T. Sakolkar

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… 13 FIRST APPEAL NO.2216 OF 2008

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STATE OF MAHARASHTRA

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VERSUS

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TREMBAK BIRAJDAR DIED LRS TANAJI TREMBAK BIRAJDAR

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FA No.29/2005 & Ors.

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AGP for Respondents : Mr. A. M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. V. T. Sakolkar

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15 FIRST APPEAL NO.2219 OF 2008

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STATE OF MAHARASHTRA VERSUS VITHAL MAROTI BHOSALE

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. P.G. Rodge

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16 FIRST APPEAL NO.2223 OF 2008

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STATE OF MAHARASHTRA VERSUS

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VISHWANATH BAJRANG BURANDE

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AGP for Appellant : Mr. A.M. Ghule/Mr. S.S. Dande Advocate for Respondents : Mr. V. T. Sakolkar

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18 FIRST APPEAL NO.2433 OF 2008

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STATE OF MAHARASHTRA

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VERSUS

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CHANDRABHAN DHONDIBA MANE

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Advocate for respondent : Mr. P.M. Janapurkar

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19 FIRST APPEAL NO.2487 OF 2008

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WITH FA/2489/2008 WITH FA/2491/2008 WITH FA/2492/2008 WITH FA/2488/2008 WITH FA/2490/2008 WITH FA/2493/2008

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THE STATE OF MAHARASHTRA and ORS

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VERSUS

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GANGARAM VITHAL KAMBLE

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AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. Anurag Sakolkar h/f. Mr. Vijay Sakolkar, Mr. S.S. Halkude

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21 FIRST APPEAL NO.2515 OF 2008

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FA No.29/2005 & Ors.

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WITH FA/2526/2008 WITH FA/2525/2008 WITH FA/2517/2008 WITH FA/2519/2008 WITH FA/2520/2008 WITH FA/2521/2008 WITH FA/2522/2008 WITH FA/2523/2008 WITH FA/2524/2008

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STATE OF MAHARASHTRA

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VERSUS

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PRAKASH BABURAO BEMBDE and ORS

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AGP for Respondents : Mr. A. M. Phule/Mr. S.S. Dande Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State

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Advocate for respective Respondents : Mr. H. V. Patil, Mr. R.K. Ashtekar

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STATE OF MAHARASHTRA VERSUS

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NARSING ARJUN KOLI

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AGP for Appellant : Mr. A. M. Phule/Mr. S.S. Dande. Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State

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Advocate for respondent No. 1 : Mr. S.S. Manale

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24 FIRST APPEAL NO.2734 OF 2008

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WITH CA/9820/2005 IN FA/2736/2008 WITH FA/2735/2008 WITH CA/9816/2005 IN FA/2735/2008 WITH FA/2736/2008

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STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR and ANR VERSUS

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SHANKARRAO VENKOBA KALE

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Mr. B.M. Thorat, Executive Engineer, P.W.D. Latur for Acquiring Body/State

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Advocate for Respondents : Mr. V.D. Gunale & Mr. S.V. Warad

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26 FIRST APPEAL NO.4196 OF 2008

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WITH FA/4202/2008 WITH FA/4197/2008 WITH FA/4199/2008 WITH FA/4200/2008 WITH FA/4201/2008 WITH FA/4198/2008

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THE STATE OF MAHARASHTRA AND ORS

FA No.29/2005 & Ors.

VERSUS

HANMANT PRABHU MANE

AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. A.B. Kadethankar

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28 FIRST APPEAL NO.197 OF 2009 WITH FA/198/2009

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THE STATE OF MAHARASHTRA AND ORS VERSUS BABURAO SITARAM KENDRE

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AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. B. R. Kedar

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31 FIRST APPEAL NO.461 OF 2009

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THE STATE OF MAHARASHTRA VERSUS

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PANCHPHULABAI BAPURAO SONTAKKE

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AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. Anurag Sakolkar h/f. Mr. V.G. Sakolkar

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32 FIRST APPEAL NO.479 OF 2009

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WITH FA/482/2009 WITH FA/483/2009 WITH FA/480/2009 WITH FA/481/2009

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STATE OF MAHARASHTRA THR COLLECTOR LATUR and ANR

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VERSUS

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GANPATI SHANKARRAO BHANDE

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AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for respective Respondents : Mr. P.G. Gunale, Mr. H.V.

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Patil

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36 FIRST APPEAL NO.1885 OF 2009

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WITH FA/1887/2009 WITH FA/1888/2009 WITH FA/1890/2009 WITH FA/1886/2009 WITH FA/1893/2009 WITH FA/1892/2009 WITH FA/1891/2009

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THE STATE OF MAHARASHTRA AND ANR

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FA No.29/2005 & Ors.

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VERSUS DNYANOBA BAPURAO YENGE

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AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. Anurag Sakolkar h/f. Mr. V.G. Sakolkar

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37 FIRST APPEAL NO.1945 OF 2009

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WITH FA/1952/2009 WITH FA/1946/2009 WITH FA/1947/2009 WITH FA/1948/2009 WITH FA/1949/2009 WITH FA/1950/2009 WITH FA/1951/2009

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THE STATE OF MAHARASHTRA VERSUS

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SUMANBAI HARIBHAU JADHAV

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AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Mr. P.G. Mulay, Deputy Collector, Ahemadpur, District Latur for Acquiring Body/State Advocate for Respondents : Mr. S.S. Shinde

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38 FIRST APPEAL NO.1969 OF 2009

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THE STATE OF MAHARASHTRA AND ANR VERSUS

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TRIVENABAI BABRUWAN SURYAWANSHI

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Mr. B.M. Thorat, Executive Engineer, P.W.D. Latur for Acquiring Body/State

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Advocate for Respondents : Mr. M.S. Patil

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39 FIRST APPEAL NO.1970 OF 2009

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THE STATE OF MAHARASHTRA AND ANR

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VERSUS

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BALAJI NIVRUTI BARBOLE

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AGP for Appellant : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. M.S. Patil

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40 FIRST APPEAL NO.1991 OF 2009

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WITH CA/11421/2008 IN FA/1992/2009 WITH CA/11423/2008 IN FA/1991/2009 WITH FA/1992/2009

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FA No.29/2005 & Ors.

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STATE OF MAHARASHTRA VERSUS VENKAT SHANKAR JAGTAP

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AGP for Appellants : Mr. A.M. Phule/Mr. S.S. Dande Advocate for Respondents : Mr. G.K. Sontakke

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ORDER

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. These appeals are placed before today’s Lok Adalat with the consent of the parties.

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Mr. A.M. Phule/Mr. S.S. Dande, learned A.G.Ps for State, Mr. P.G. Mulay, Deputy Collector, Ahmedpur, District Latur and Mr. B.M. Thorat, Executive Engineer, P.W.D. Latur are present on behalf of Acquiring Body/State. The claimants are represented by their respective Advocates.

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The learned Advocates for the Acquiring Body/State and the claimants fairly conceded that the Government of Maharashtra, vide Government Resolution No.Sankirna-2014/ pra.kra.4/Bham-1/A-4, dated 3^rd November, 2016 with Government Corrigendums dated 23^rd February, 2017 and 13^th August, 2018 to the said Government Resolution, took decision to settle the appeals by accepting the market rates determined by the Reference Court, which are within the parameters set out in the Government Resolution. The statement made by the both the learned advocates is in consonance with the recitals in the Government Resolution. In turn, these appeals are fit to dispose of before the Lok Adalat.

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The learned Advocates for both the parties further submit

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FA No.29/2005 & Ors.

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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 of 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.

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Having considered the legal position ruled in both the aforesaid judgments, the impugned Award/s stands modified. The interest shall be calculated, if required, as per these two judgments.

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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 submit fairly 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 six months, then it shall carry the interest in terms of Section 28 or 34 of the Act, as the case may be.

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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 fully by the parties, then nothing survives in respect of said amount.

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The amount deposited in this Court and not withdrawn or which would be deposited in terms of this compromise, be

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FA No.29/2005 & Ors.

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transmitted to the concerned Reference Court with further directions to disburse the said amount to the claimants in the terms of this Award and excess amount, if any, to the Acquiring Body.

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The applicants are at liberty to make appropriate application for withdrawal before the reference Court. If the amount in terms of compromise above is not deposited within six months, the claimants are at liberty to file Execution Proceeding before the Reference Court.

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The bank guarantee / security / surety, if any, given by the claimants be released in favour of the claimants.

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The appeals stand disposed of. The Award be prepared in terms of this order.

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The Civil Applications, if any, except the application to bring on record legal heirs and the cross objections, stand disposed of.

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The Court Fee Certificate be issued as per the Rules.

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(K. C. Sant) ( V.B. Mantri ) ( R.N. LADDHA, J. ) Advocate District Judge Head of the Panel Member (Retd.) Member

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Date: 01.08.2021. Place: Aurangabad. ssc/

State of Maha v. Prakash Baburao Bembde and Ors.

Case brief

What is this about?

What did the court decide?

State of Maha v. Prakash Baburao Bembde and Ors.

Case brief

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What the court decided

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