Waman Trimbak Kakade Died Thr Lrs Mahadeo Wamanrao Kakade and Ors. vs the State of Maharashtra Thr the Collector, Jalna and Ors. — Bombay HC (2024) — LawSathi Research

Waman Trimbak Kakade Died Thr Lrs Mahadeo Wamanrao Kakade and Ors. vs the State of Maharashtra Thr the Collector, Jalna and Ors. — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeals disposed of in accordance with the settlement terms filed by the parties; awards directed to be drawn in terms of the settlement; claimants/appellants permitted to withdraw compensation amounts with accrued interest once deposited by the Acquiring Body; court fees to be refunded as per rules; pending civil applications, if any, disposed along with the appeals.

Issue for consideration

Whether the five first appeals (compensation claims against the Acquiring Body) could be settled and disposed of on the basis of the settlement terms filed by the parties before the National Lok Adalat.

Court's answer

The settlement terms filed in all the appeals were verified from the concerned parties, who admitted their contents.

Ratio / Principle

The awards are to be drawn in terms of the settlement terms filed in these appeals.

Key takeaways

The respective claimants/appellants are at liberty to withdraw their respective compensation amounts along with accrued interest after the amounts are deposited by the Acquiring Body as per the settlement terms.ratio¶Order para 5
All these appeals are disposed of along with the pending civil application, if any.ratio¶Order para 6
The court fees are to be refunded as per rules.

Detailed headnote1 paragraphs

In a National Lok Adalat held on 27.07.2024 at the High Court Legal Services Sub-Committee, Aurangabad, presided over by Shri Justice Sandipkumar C. More (with V.B. Mantri, District Judge (Retd.), and A.R. Borulkar, Advocate, as panel members), five first appeals — FA No. 1026 of 2018 (Rama @ Rambhau Apparao Wakade thr LRs), FA Nos. 1727 and 1728 of 2024 (Bandu Ganpati Bhadarge), FA No. 1781 of 2024 (Waman Trimbak Kakade thr LRs), and FA No. 988 of 2018 (Gangubai Trimbak More) — brought by compensation claimants against the Executive Engineer, Nimna Dhudhana Project, Selu and/or the State of Maharashtra (Collector, Jalna), were disposed of by agreement. Settlement terms filed by the appellants/claimants and respondent No.3 Acquiring Body were verified from the parties and admitted; awards were directed to be drawn in terms thereof; the claimants were permitted to withdraw their compensation amounts with accrued interest once deposited by the Acquiring Body; court fees were ordered refunded as per rules; and pending civil applications, if any, stood disposed with the appeals.

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2024:BHC-AUG:16394

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE SANDIPKUMAR C. MORE , HELD ON 27.07.2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD

51 FIRST APPEAL NO. 1026 OF 2018

RAMA @ RAMBHAU APPARAO WAKADE DIED THR LRS SHAKUNTALA RAMBHAU WAKADE AND ORS

….Appellants

VERSUS

EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS

…..Respondents

Advocate for Appellant : Mr. K. M. More Advocate for Respondent No.1 : Mr. B. R. Surwase A.G.P. for Respondent Nos. 2 and 3 : Mr. V.S. Badakh

AND

56 FIRST APPEAL NO. 1727 OF 2024 WITH

FIRST APPEAL NO. 1728 OF 2024

BANDU GANPATI BHADARGE

….Appellants

VERSUS

EX. ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS

…..Respondents

Advocate for Appellant : Mr. More Kumar Gaurav M. AGP for Respondent Nos. 2 & 3 : Mr. V.S. Badakh Advocate for Respondent No.1 : Mr. B. R. Surwase

AND

967 FIRST APPEAL NO. 1781 OF 2024

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WAMAN TRIMBAK KAKADE DIED THR LRS MAHADEO WAMANRAO KAKADE AND ORS

….Appellants

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS

…..Respondents

Advocate for Appellants : Mr. More Kumar Gaurav M. Advocate for Respondent No.3 : Mr. B. R. Surwase AGP for Respondent Nos. 1 and 2 : Mr. S. M. Ganachari

AND

979 FIRST APPEAL NO. 988 OF 2018

GANGUBAI TRIMBAK MORE

….Appellant

VERSUS

EXECUTIVE ENGINEER, NIMNA DHUDHANA PROJECT SELU AND ORS

…..Respondent

Advocate for Appellant : Mr. More Kumar Gaurav M. Advocate for Respondent No.1 : Mr. B. R. Surwase AGP for Respondent No.2 & 3 : Mr. S. M. Ganachari

ORDER

These appeals are placed before National Lok Adalat

dated 27.07.2024 by the appellants/claimants and respondent No.3 Acquiring Body.

Smt Surekha Korke, Executive Engineer, Jalna Irrigation

Division Jalna is present on behalf of Acquiring Body. The respective appellants/claimants along with their learned Advocate are also present.

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They have filed settlement terms in all these appeals which are marked 'X' for identification. The contents of these settlement terms are verified from the concerned parties and they admitted the same.

As such, the awards be drawn in terms of the aforesaid settlement terms in these appeals.

The respective claimants/appellants are at liberty to withdraw their respective compensation amounts along with interest accrued thereon after the same are deposited by the Acquiring Body as per the settlement terms.

Accordingly, all these appeals are disposed of along with the pending civil application, if any.

The Court fees be refunded as per rules.

(A.R. BORULKAR) (V.B.MANTRI) (SANDIPKUMAR C. MORE) Advocate District Judge (Retd.) Judge Member Member Head of the Panel

Date: 27.07.2024 Place: Aurangabad

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