Disposed

The Executive Engineer Lower Terna Project Division No 2 Latur v. Janardhan Vithal Kasle

Bombay HC30 Nov 2024FA/4113/2023

Case brief

AI extract

What is this about?

Group of first appeals by the acquiring body challenging land acquisition compensation was placed before a Lok Adalat. Relying on the Government Resolution of 3 November 2016, the appellant sought withdrawal, stating compensation amounts were deposited. Appeals were disposed of as withdrawn with directions for disbursement of amounts to claimants and refund of court fees.

What the court decided

AI extract

The Executive Engineer Lower Terna Project Division No 2… — Land Acquisition | Bombay HC (2024)

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2024:BHC-AUG:30180

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( 1 ) 154

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 30^th NOVEMBER 2024, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD

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FIRST APPEAL NO. 4107 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

VERSUS

Bharat Vithal Kasle

WITH

FIRST APPEAL NO. 4113 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

¶11

VERSUS

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Janardhan Vithal Kasle WITH

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CIVIL APPLICATION NO. 5066 OF 2023 IN FA/4113/2023 WITH

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FIRST APPEAL NO. 4114 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

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VERSUS

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Bhausaheb Chanderrao Landge And Anr

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WITH

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CIVIL APPLICATION NO. 5068 OF 2023 IN FA/4114/2023

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WITH

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FIRST APPEAL NO. 4115 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

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VERSUS

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Ankush Vishwanath Jadhav

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WITH

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CIVIL APPLICATION NO. 5070 OF 2023 IN FA/4115/2023

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( 2 ) 154

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WITH

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CIVIL APPLICATION NO. 5052 OF 2023 IN FA/4107/2023 WITH

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FIRST APPEAL NO. 4109 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

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VERSUS

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Sambhaji Bhagwan Pawar Died Through Lrs Minakshi Sambhaji Pawar WITH

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CIVIL APPLICATION NO. 5054 OF 2023 IN FA/4109/2023 WITH FIRST APPEAL NO. 4110 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

VERSUS

Mayur Madan Shevale

WITH

CIVIL APPLICATION NO. 5056 OF 2023 IN FA/4110/2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

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VERSUS

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Mayur Madan Shevale WITH

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FIRST APPEAL NO. 4108 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

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VERSUS

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Hariba Gunda Gadade Died Through Lrs Prayagbai Hariba Gadade

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WITH

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CIVIL APPLICATION NO. 5058 OF 2023 IN FA/4108/2023

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WITH

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FIRST APPEAL NO. 4116 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

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( 3 ) 154

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VERSUS

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Dnyanoba Vithal Kasle WITH

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CIVIL APPLICATION NO. 5060 OF 2023 IN FA/4116/2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

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VERSUS

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Dnyanoba Vithal Kasle WITH FIRST APPEAL NO. 4111 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

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VERSUS

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Hirabai Nanasaheb Deshmukh

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WITH

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CIVIL APPLICATION NO. 5062 OF 2023 IN FA/4111/2023

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WITH

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FIRST APPEAL NO. 4112 OF 2023

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The Executive Engineer Lower Terna Project Division No 2 Latur

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VERSUS

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Suresh Kashiba Mane WITH

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CIVIL APPLICATION NO. 5064 OF 2023 IN FA/4112/2023

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Mr. B. R. Survase, i/by Mr. R. K. Ingole for Appellant-Acquiring Body. Smt.Shivnanda G. Swami, Asst. Engineer, Grade-I, AE-1), Lower Terna Canal Sub-Division No.8, Latur.

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O R D E R (30^th NOVEMBER 2024)

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These Appeals are placed before us in today’s Lok Adalat.

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Mr. B. R. Survase Advocate for Appellant-Acquiring Body and Smt.Shivnanda G. Swami, Asst. Engineer, Grade-I, (AE-1), Lower Terna Canal Sub-Division No.8, Latur, are present in the Court.

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The learned Advocate for the appellants-Acquiring Body submitted that above numbered group of first appeals is squarely covered by the Government Resolution No.

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Sankirna-2014/pra.kra.4/Bham-1/A-4 dated 3^rd November, 2016 with Government Corrigendum dated 23^rd February, 2017 and 13^th August 2018 to the said Government Resolution. In turn, these appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the appellant/Acquiring Body are withdrawing these appeals. Advocate Mr. Survase filed a e-mail copy of communication letter dated 28^th November 2024 which is marked “X” for identification.

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The learned Advocate for the appellant/Acquiring Body submits that the entire amount of the compensation is deposited. The claimants are entitled to receive the amount along with accrued interest thereon, if the amount is not withdrawn by the claimants.

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However, before disposing of the appeals it is further clarified that

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in case, if any, amount is lying with this Court, then same shall be transmitted to the concerned reference Court. The Reference Court shall disburse the said amount to the claimants without requiring any formal application for withdrawal.

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The learned Advocates for the Appellant/Acquiring Body further submits that in these circumstances, nothing survive in these appeals, appeals stand disposed of as withdrawn. No order as to costs.

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Award be drawn up accordingly.

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In view of disposal of the appeals, pending civil applications, if any, stand disposed off.

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

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

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Ethape/154

The Executive Engineer Lower Terna Project Division No 2 Latur v. Janardhan Vithal Kasle

Case brief

What is this about?

What the court decided

The Executive Engineer Lower Terna Project Division No 2 Latur v. Janardhan Vithal Kasle

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

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Case details

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