Disposed

The State of Maharashtra and Anr. v. Nagnath Raosaheb Mete

Bombay HC11 Feb 2023CA/16256/2010

Case brief

AI extract

What is this about?

National Lok Adalat condensed delay in civil applications upon settlement. First appeals regarding acquisition compensation were disposed of as withdrawn by the State after full deposit and withdrawal of amounts, with clarifications on interest and further withdrawal rights.

What did the court decide?

Delay in civil applications condoned and applications allowed/disposed off. First appeals disposed of as withdrawn. Certificate for court fee refund ordered.

The State of Maharashtra and Anr. Vs Nagnath Raosaheb Mete — Land Acquisition | Bombay HC (2023)

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fa2392.10

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 11.02.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD

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1 FIRST APPEAL NO.2392 OF 2010 WITH X-OBJ(ST)/9664/201 IN FA/2392/2010 THE STATE OF MAHARASHTRA

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VERSUS

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MANGALABAI SHIVRAJ HONRAO AND ANR

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AND

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2 FIRST APPEAL NO.1942 OF 2014

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WITH CA/373/2022 IN X-OBJST/1312/2022 WITH FA/1944/2014 WITH FA/1949/2014 WITH FA/1945/2014 WITH FA/1948/2014 WITH FA/1947/2014 WITH FA/1943/2014 WITH FA/1946/2014

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WITH CA/15215/2019 IN X-OBJST/32484/2018 WITH

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CA/14924/2019 IN X-OBJST/32486/2018 WITH CA/14939/2019 IN X-OBJST/32488/2018 WITH CA/15216/2019 IN

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X-OBJST/32490/2018 WITH CA/14926/2019 IN X-OBJST/32492/2018 WITH CA/15217/2019 IN X-OBJST/32494/2018 WITH CA/15049/2019 IN X-OBJST/32496/2018

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THE STATE OF MAHARASHTRA AND ANOTHER

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VERSUS

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GURPAD BHIMASHANKAR SHETE

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AND

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3 FIRST APPEAL NO.743 OF 2016 WITH FA/745/2016 WITH FA/744/2016 THE STATE OF MAHARASHTRA AND OTHERS

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VERSUS

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VITTHALRAO DAULATRAO JADHAV

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AND

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4 FIRST APPEAL NO.1103 OF 2016 WITH FA/1104/2016 THE STATE OF MAHARASHTRA AND ANOTHER

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VERSUS

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CHANDRABHAN DNYANOBA GURME AND

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5 FIRST APPEAL NO.1110 OF 2016

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WITH FA/1102/2016 WITH FA/1109/2016 WITH FA/1107/2016 WITH FA/1108/2016 WITH FA/1106/2016 WITH X-OBJ(ST)/40972/20 IN FA/1107/2016 WITH X-OBJ(ST)/40975/20 IN FA/1108/2016 WITH X-OBJ(ST)/40981/20 IN FA/1106/2016 WITH X-OBJ(ST)/40984/20 IN FA/1110/2016 WITH X-OBJ(ST)/40987/20 IN FA/1102/2016

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THE STATE OF MAHARASHTRA AND ANOTHER

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VERSUS

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NAMDEO DNYANOBA YALGATTE

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AND

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6 FIRST APPEAL NO.1185 OF 2016

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WITH FA/1192/2016 WITH FA/1190/2016 WITH FA/1189/2016 WITH FA/1187/2016 WITH FA/1186/2016

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THE STATE OF MAHARASHTRA

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VERSUS

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KONDIBA SAMBHAJI KENDRE AND OTHERS

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AND

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7 FIRST APPEAL NO.1533 OF 2016 WITH FA/1535/2016 WITH FA/1534/2016 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

MADHAV BALAJI JAGTAP

AND

8 FIRST APPEAL NO.1752 OF 2016

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THE STATE OF MAHARASHTRA AND ANR

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VERSUS

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DNYANESHWAR JAYAVANTRAO KAPSE

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AND

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9 FIRST APPEAL NO.1895 OF 2016 WITH CA/12131/2015 IN FA/1895/2016 WITH FA/1896/2016

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WITH CA/12133/2015 IN FA/1896/2016

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THE STATE OF MAHARASHTRA AND ANOTHER

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VERSUS

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MOHMAD RASHAD PATHAN AND OTHERS

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AND

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10 FIRST APPEAL NO.2585 OF 2016 THE STATE OF MAHARASHTRA AND ORS

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VERSUS

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SAMBHAJI KRISHNA MANALE

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AND

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11 FIRST APPEAL NO.2597 OF 2016

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WITH FA/2601/2016 WITH FA/2602/2016 WITH FA/2612/2016 WITH FA/2606/2016 WITH FA/2609/2016 WITH FA/2610/2016 WITH FA/2611/2016 WITH FA/2607/2016 WITH FA/2604/2016 WITH FA/2598/2016 WITH FA/2600/2016 WITH FA/2599/2016 WITH FA/2603/2016 WITH FA/2605/2016 WITH FA/2608/2016 THE STATE OF MAHARASHTRA AND OTHERS

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VERSUS

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RAOSAHEB BAPURAO MANE

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AND

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12 FIRST APPEAL NO.2097 OF 2017

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WITH X-OBJ(ST)/36649/20 IN FA/2097/2017 THE STATE OF MAHARASHTRA AND ORS

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VERSUS

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SOMNATH KONDIRAMAPPA KAPALE

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AND

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13 FIRST APPEAL NO.3309 OF 2017

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THE STATE OF MAHARASHTRA AND ORS

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VERSUS

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HANMANTRAO VENKATRAO PATIL AND ORS

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AND

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14 FIRST APPEAL NO.3376 OF 2017

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WITH CA/16254/2010 IN FA/3376/2017 WITH FA/3380/2017 WITH CA/16252/2010 IN FA/3380/2017 WITH FA/3379/2017

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WITH CA/16256/2010 IN FA/3379/2017 WITH FA/3378/2017 WITH CA/16258/2010 IN FA/3378/2017 WITH FA/3381/2017 WITH CA/16250/2010 IN FA/3381/2017 WITH FA/3377/2017

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WITH CA/16260/2010 IN FA/3377/2017 THE STATE OF MAHARASHTRA AND ANR

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VERSUS

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RAOSAHEB GANPATI METE

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AND

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15 FIRST APPEAL NO.3652 OF 2017

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WITH FA/3655/2017 WITH FA/3657/2017 WITH FA/3658/2017 WITH FA/3654/2017 WITH FA/3653/2017 WITH FA/3659/2017

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WITH FA/3656/2017

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THE STATE OF MAHARASHTRA AND ANR

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VERSUS

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HARISCHANDRA TUKARAM SHINDE

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AND

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16 CIVIL APPLICATION NO.7058 OF 2010

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IN FAST/12218/2010 WITH CA/7059/2010 IN FAST/12218/2010 THE STATE OF MAHARASHTRA AND ANR

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VERSUS

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VIJAYKUMAR RAMKISHAN UGILE AND ORS

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AND

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24 FIRST APPEAL NO.527 OF 2023

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WITH CA/1358/2012 IN FAST/35947/2010 WITH CA/1357/2012

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IN FAST/35950/2010 WITH CA/1361/2012 IN FA/524/2023 WITH CA/1356/2012 IN FAST/35938/2010 WITH CA/1359/2012 IN FA/526/2023 WITH CA/1362/2012 IN FA/523/2023 WITH CA/

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1354/2012 IN FA/521/2023 WITH CA/1353/2012 IN

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FA/528/2023 WITH CA/1355/2012 IN FA/522/2023 WITH CA/1360/2012 IN FA/525/2023 WITH CA/1363/2012 IN FA/527/2023 WITH FA/525/2023 WITH CA/18251/2010 IN FAST/35938/2010 WITH FA/522/2023 WITH FA/521/2023 WITH CA/18250/2010 IN FAST/35947/2010 WITH CA/18247/2010 IN FAST/35950/2010 WITH FA/526/2023 WITH FA/528/2023 WITH

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FA/523/2023 WITH FA/524/2023

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fa2392.10

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THE STATE OF MAHARASHTRA AND ANR VERSUS GOVIND GANGARAM KAMBLE

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Mr.A. B. Chate, AGP for the appellants

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Mr. Ashwin Sakolkar, Advocate with Mr. H. B. Nandagavale, Advocate h/ f Mr. V. G. Sakolkar, Advocate for the respondent in Sr. No.1,2 and 6 Smt. M. B. Gangwal, Advocate for the claimant GMIDC in Sr. No. 24 Mrs. Shobha Jadhav, Dy. Divisional Officer, Latur is present

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O R D E R

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(11^th FEBRUARY, 2023)

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Civil Applications for delay:-

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Having regard to the reasons mentioned in the applications and as the parties have arrived at amicable settlement, it is desirable to condone the delay. The delay stands condoned. The civil applications for condonation of delay, if any stand allowed and disposed off. Office to register the appeals.

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First Appeals:-

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These matters are placed before us in today’s National LokAdalat. Mrs. Shobha Jadhav, Dy. Divisional Officer, Latur is present.

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Mr. Chate, learned AGP submits that above numbered group of appeals is squarely covered by Government Resolution No. Sankirna2014/pra.kra4/Bham-1/A-4 dated 03-11-2016 with Government

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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 State is withdrawing these appeals.

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The learned AGP 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 survives in these appeals.

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However, before disposing off the appeals, it is further clarified that in case the amount is not deposited as per the award, the State Government 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, they are at liberty to withdraw the same after the amount is deposited.

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There are cross appeals challenging the judgment and award seeking enhancement and challenging the impugned judgment and award to the extent of not enhancing the amount as prayed for. No order is necessary on the cross-objections. The parties are free to

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prosecute the same.

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The first appeals stand disposed off as withdrawn.

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No order as to costs.

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The court fee refund certificate be issued as per the provisions under the of Maharashtra Court Fees Act, 1959.

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In view of withdrawal of these appeals, pending civil applications, if any stand disposed off.

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[ A. R. BORULKAR ] [ S. G. SHETE ] [ KISHORE C. SANT, J. ] Advocate DJ (Retd.) Head of Panel Member Member

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VishalK/fa2392.10

The State of Maharashtra and Anr. v. Nagnath Raosaheb Mete

Case brief

What is this about?

What did the court decide?

The State of Maharashtra and Anr. v. Nagnath Raosaheb Mete

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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