Executive Engineer (V.I.D.C.) vs Manikrao Keshav Amzire & Ors.

Heard Mr. Dhumane, learned counsel for the appellant, Mr. Kadu, learned AGP for the respondent/State and Mrs. Wasu, learned counsel for the respondent Nos.1 to 7.

The matter is heard finally with the consent of the learned counsel for the parties.

The appellant – Vidarbha Irrigation Development Corporation (VIDC) has preferred the present appeal challenging the judgment and award dated 22.12.2011 passed by the learned Civil Judge, Senior Division, Wardha, in L.A.C. No.555 of 2005, whereby the appellant was directed to pay respondent Nos.1 to 4 (original claimants) a sum of Rs.3,07,020/- towards enhanced market value/compensation for the acquired land.

Before proceeding with the hearing, Mrs. Wasu, learned counsel appearing for respondent Nos.1 to 7/claimants, invited the attention of this Court to the award dated 08.12.2018 passed in First Appeal No.786 of 2015 in the National Lok Adalat Panel.

In the said appeal, the appellant–Corporation sought permission to withdraw the appeal, which was accordingly allowed. Thus, the appellant–Corporation accepted the compensation awarded by the learned Reference Court in the said matter. In view thereof, the compensation awarded by the learned Reference Court in the present case also deserves to be maintained.

In view of the aforesaid, the present appeal deserves to be dismissed. In identical matters, the appellant–Corporation has chosen not to prosecute the appeal and has withdrawn the same before the National Lok Adalat. Consequently, the compensation/rate awarded by the learned Reference Court is maintained and therefore, since nothing survives in the present appeal. Accordingly, the appeal stands dismissed.

The appeal is, therefore, dismissed. The respondents– claimants are permitted to withdraw the amount deposited in Court, along with the accrued interest, if any.

Pending application(s), if any, also stand disposed of.