Bombay High Court
G.M.I.D.C., Aurangabad Thr Its ... vs Rama Shankar Surwase (Died) Lrs ... on 22 January, 2021
Bench: V.L. Achliya
(1) fa50.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
936 FIRST APPEAL NO.50 OF 2021
WITH FA/51/2021 WITH FA/52/2021 WITH FA/53/2021
WITH FA/54/2021 WITH FA/55/2021 WITH FA/56/2021
WITH FA/67/2021 WITH FA/68/2021 WITH FA/74/2021
WITH FA/58/2021 WITH FA/59/2021 WITH FA/65/2021
WITH FA/64/2021 WITH FA/61/2021 WITH FA/62/2021
WITH FA/73/2021 WITH FA/63/2021 WITH FA/69/2021
WITH FA/70/2021 WITH FA/57/2021 WITH FA/60/2021
WITH FA/72/2021 WITH FA/95/2021 WITH FA/66/2021
WITH FA/94/2021 WITH FA/71/2021
G.M.I.D.C., AURANGABAD THR ITS EX. ENGINEER, MINOR
IRRIGATION DIVISION, LATUR
VERSUS
RAMA SHANKAR SURWASE (DIED) LRS RUKHMINIBAI AND
ORS
Mr. R. D. Biradar, Advocate for the appellant
Mr. S. Y. Patil, Advocate for respondent Nos. 1/1 to 1/6 and R/3/1
to 3/3
Mr. A. A. Jagatkar, AGP for the respondent/State
CORAM : V. L. ACHLIYA, J.
DATE : 22-01-2021
P. C.
. Learned counsel for the appellant-acquiring body and
the respondents/claimants tendered consent terms seeking disposal
of appeals in terms of consent terms. The consent terms taken on
record and marked as 'X' for identification.
2. Mr. Anant Kumbhar, Sub Divisional Engineer, Latur
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present on behalf of the acquiring body submits that the appellant
acquiring body has agreed to the terms of settlement as mentioned
in the consent terms.
3. Learned counsel for the appellant submits that the
appeals filed raises challenge to the judgment and order dated 10-
09-2008 passed by the reference court in LAR Nos. 183 to 187,
189, 191 to 196, 198, 199, 203, 205 to 207, 211, 215 to 222 of
1987. The appeals have been filed on various grounds including
the award of interest under Section 28 of the Land Acquisition Act
from the date of notification/possession of land.
4. During the course of hearing of the applications seeking
condonation of delay filed in respective appeals by the appellant,
the proposal was put-forth for settlement of claim in appeals by
restricting the claim to the extent of challenge raised as to the
award of interest under Section 28 of the Land Acquisition Act by
the reference court from the date of notification/possession which is
contrary to full bench decision of this court in the case of the State
of Maharashtra Vs Kailash Shiva Rangar reported in
2016(3)Mh.L.J.457. It is submitted that the claimants have agreed
to the proposal put-forth by the appellant to modify the award
passed by the reference court making the interest to payable under
Section 28 of the Land Acquisition Act to be payable from the date
of award instead of date of notification /possession. Accordingly, the
consent terms have been prepared and filed in the appeals.
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5. On due consideration of the submissions advanced, I
am of the view that the appeals deserve to be disposed of in terms
of consent terms filed as 'X' for identification. Accordingly, the
following order is passed:
ORDER
i. The appeals are disposed of in terms of consent
terms filed as 'X' for identification.
ii. Decree be drawn up accordingly.
[ V. L. ACHLIYA, J. ]
VishalK/fa50.21
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