IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE LOK ADALAT HON'BLE SHRI JUSTICE VIVEK AGARWAL &

SHRI UMA KANT SHARMA, SR. ADVOCATE th ON THE 9 OF SEPTEMBER, 2023 FIRST APPEAL No. 780 of 2014 BETWEEN:-

GENERAL MANAGER NHDC NVDA OFFICE KHANDWA (MADHYA PRADESH)

.....APPELLANT (BY SHRI ARPAN PAWAR - ADVOCATE)

AND

1. OMPRAKASH ALIAS PRAKASH S/O SHRIRAM SAKARGAYE HARSUD TEH. HARSUD DISTT. EAST NIMAR KHANDWA (MADHYA PRADESH)

2. SUBHASH (DEAD) LRS, SMT. PRATIBHA W/O LATE SUBHASH VARDHAMAN GREEN PARK COLONY, BHOPAL (MADHYA PRADESH)

3. AAYUSH S/O LATE SUBHASH VARDHAMAN GREEN PARK COLONY, BHOPAL (MADHYA PRADESH)

4. VIJAY S/O LATE SUBHASH VARDHAMAN GREEN PARK COLONY, BHOPAL (MADHYA PRADESH)

5. VIKASH S/O SHRIRAM SAKARGAYE HARSUD TEH.

HARSUD DISTT. EAST NIMAR KHANDWA (MADHYA PRADESH)

6. RAKESH ALIAS DAMODAR S/O SHRIRAM SAKARGAYE HARSUD TEH. HARSUD DISTT. EAST NIMAR KHANDWA (MADHYA PRADESH)

7. PRAMIAL D/O SHRIRAM HANUMAN BAZAR BRANCH SBI, DAHOD (MADHYA PRADESH)

Signature Not Verified

8. URMILA (DEAD)LRS, SMT. SUNITA W/O SHRIKANT SHARMA, AGED ABOUT 38 YEARS, HANUMAN BAZAR BRANCH SBI, DAHOD (GUJARAT)

9. SUNIL S/O LATE MAHESH SHARMA, AGED ABOUT

44 YEARS, 146-147, SARGM A SECTOR KOLAR ROAD BHOPAL (MADHYA PRADESH)

10. ANIL S/O LATE MAHESH SHARMA, AGED ABOUT

42 YEARS, D.K.S. 1254, DANISH KUNJ, KOLAR ROAD BHOPAL (MADHYA PRADESH)

11. SUJIT S/O LATE MAHESH SHARMA, AGED ABOUT

36 YEARS, LIG 84, SECTOR 03 C SAKET NAGAR BHOPAL (MADHYA PRADESH)

12. ARTI W/O PRADEEP NAYAR, AGED ABOUT 40 YEARS, M 8 OPAL APARTMENT, SARGAM SECTOR KOLAR ROAD BHOAL (MADHYA PRADESH)

13. ARCHANA W/O ALOK GEETE, AGED ABOUT 34 Y E A R S , OCCUPATION: NILL COURT SUPERIINTENDENT OFFICE DISTT. CONSUMER FORUM GUNA (MADHYA PRADESH)

14. KALPANA D/O SHRIRAM SAKARGAYE HARSUD DISTT.KHANDWA (MADHYA PRADESH)

15. SAPNA D/O SHRIRAM SAKARGAY HARSUD DISTT.KHANDWA (MADHYA PRADESH)

16. SARYUBAI W/O LATE SHRIRAM SAKARGAYE HARSUD DISTT.KHANDWA (MADHYA PRADESH)

17. LAND ACQUISITION OFFICER COMMISSIONER LAND RECORDS SETTLEMENTS (MPBHUABHILEKH) NHDCHARSUDN NO. 1 KHANDWA (MADHYA PRADESH)

18. EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT DISTT. KHANDWA, M.P. (MADHYA PRADESH)

19. COLLECTOR COLLECTOR DISTT. KHANDWA (MADHYA PRADESH)

.....RESPONDENTS (SHRI NITIN GUPTA - DEPUTY GOVERNMENT ADVOCATE FOR Signature Not Verified RESPONDENTS/STATE AND ITS FUNCTIONARIES)

This appeal coming on for conciliation this day, the Bench passed the following:

ORDER

The parties submit that the matter has been compromised between them and the present appeal may be disposed of in terms of the compromise arrived at between the parties.

In the instant appeal, the appellant Narmada Hydroelectric Development Corporation (for short NHDC) has challenged the award passed by the Reference Court. It is submitted by the parties that they have arrived at an amicable settlement of Rs.16,59,000/- as full and final settlement including solatium and interest, as against the enhanced award which is under challenge in this appeal. As per the settlement, a compensation chart has been prepared by the officials of the appellant and the same is signed by the private respondents(s) or with their consent, by their local Advocate.

In view of the aforesaid and the policy decision dated 05.05.2023 of the Board of Directors of NHDC, the First Appeal is disposed of in terms that the private respondent(s) shall be paid Rs.16,59,000/-, as full and final settlement, as against the enhanced award which is under challenge in this appeal. The award of the reference court is modified to the extent above. Any amount paid earlier, arising out of the impugned award, shall be liable to be adjusted. The aforesaid payment shall be made within a period of one month from today. The execution proceedings pending before the court below shall stand disposed of in view of the aforesaid settlement.

The court fees may be refunded to the appellant, as per rules.

Signature Not Verified (VIVEK AGARWAL) (UMA KANT SHARMA )

MEMBER MEMBER Loretta Signature Not Verified