EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, OSMANABADversusGANPATI KRISHNA JADHAV AND ORS

2026:BHC-AUG:41300
                                                                        910-FA-1139-2017.odt
                                                   1

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                910 FIRST APPEAL NO. 1139 OF 2017

               Executive Engineer, Minor Irrigation Division, Osmanabad and Others
                                              VERSUS
                               Ganpati Krishna Jadhav And Others
                                              AND
                           X-OBJECTION NO. 80 OF 2025 IN FA/1139/2017

                                Ganpati Krishna Jadhav And Others
                                              VERSUS
               Executive Engineer, Minor Irrigation Division, Osmanabad and Another

                                             ……
          Mr. S.G. Sangle, Advocate for Appellant in FA/1139/2017 and for
          Respondent No.1 in X-Obj./80/2025
          Mr. M.B. Kolpe, Advocate for Applicant-Claimants in in X-Obj./80/2025 and
          for Respondents No.1 to 3 in FA/1139/2017
          Mr. A.D. Wange, AGP for State
                                             ……

                                            CORAM : SIDDHESHWAR S. THOMBRE, J.
                                            DATE       : 04 SEPTEMBER, 2026
          PER COURT :

          1.        Heard learned counsel for the respective parties.


          2.       This First Appeal and Cross Objection arise out of the Judgment and

          Award dated 15.07.2014 passed by the learned Civil Judge, Senior Division,

          Osmanabad, in Land Acquisition Reference No.78 of 2014.


          3.       Learned counsel Mr. Sangle for the appellant-Acquiring Body and

          learned counsel Mr. Kolpe for the claimant submit that the controversy

          involved in the present matter is squarely covered by the order dated

          28.07.2026 passed by this Court in First Appeal No.4399 of 2017 and

          connected matters, whereby this Court partly allowed the appeals preferred
                                                                910-FA-1139-2017.odt
                                       2

by the Acquiring Body. They, therefore, submit that the present First Appeal

and Cross Objection may also be disposed of in terms of the said order.

Learned AGP fairly concedes the aforesaid position.


4.      Having considered the submissions advanced by learned counsel for

the respective parties, and in view of the admitted position that the

controversy involved in the present matter is identical to the one decided by

this Court in First Appeal No.4399 of 2017 and connected matters vide

order dated 28.07.2026, whereby this Court partly allowed the appeals and

modified the impugned Awards to the extent of the interest part, I see no

reason to take a different view. Consequently, the First Appeal filed by the

Acquiring Body as well as the Cross Objection filed by the claimant deserve

to be disposed of in terms of the said order. Hence, the following order:


                                  ORDER

(i)     The First Appeal and Cross X-objection are partly allowed.


(ii)    The impugned judgment and award dated 15.07.2014 passed by the

learned Civil Judge, Senior Division, Osmanabad in Land Acquisition

Reference No.78 of 2014 is modified.


(iii)   Claimants shall be entitled to interest under Sections 28 and 34 of

the Land Acquisition Act, in terms of the law laid down by the Full Bench of

this Court in State of Maharashtra v. Kailash Shiva Rangari, 2016 (3),

Mh.L.J. 457.
                                                                    910-FA-1139-2017.odt
                                          3


(iv)       The enhancement of compensation awarded by the learned

Reference Court is maintained.


(v)        The remaining part of the impugned judgment and award is

confirmed.


(vii)      The claimants are permitted to withdraw the amount ling deposited

in this Court, along with accrued interest, if any, in accordance with law.


(viii)     Pending Civil Applications, if any, stand disposed of.




                                               [ SIDDHESHWAR S. THOMBRE ]
                                                         JUDGE
S P Rane