Bombay High Court
EXECUTIVE ENGINEER DEPTT OF SINA KOLEAON PROJECT OSMANABADversusKALIDAS NARSING PATIL DIED LRS DHANANJAY AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court held that the controversy is identical to that decided in FA No. 3147/2017, thereby partially allowing the appeals, dismissing the cross‑objection, granting interest per State of Maharashtra Vs Kailas Shiva Rangari, and modifying the award accordingly.
Summary
The Executive Engineer of the Sina Kolegaon Project appealed against the award dated 13‑08‑2014 concerning land acquisition from claimants, while the claimants filed a cross‑objection (Stamp No. 5955/2017). Both parties submitted that the dispute is identical to that decided in FA No. 3147/2017 (MKVDC Vs Jagdish Patil). The Court accepted this submission, partially allowed the appeals, dismissed the cross‑objection, and ordered that the claimants receive interest and other statutory benefits as laid down in State of Maharashtra Vs Kailas Shiva Rangari. The remainder of the award was left unchanged, the award was modified accordingly, and any pending civil applications were disposed of.
Issues considered
- The whether the present appeals are covered by the earlier judgment in FA No. 3147/2017
- The entitlement of claimants to interest and statutory benefits under the precedent of State of Maharashtra Vs Kailas Shiva Rangari
- The appropriate modification of the award and disposition of the cross‑objection
Subjects
- land acquisition
- award modification
- interest entitlement
- statutory benefits
- cross objection
- precedent
- partial allowance
- civil application disposal
Judgment
2026:BHC-AUG:41155
FA 3029/15 & Ors.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
29 FIRST APPEAL NO. 3029 OF 2015
WITH
CIVIL APPLICATION NO. 16503 OF 2015
IN FA/3029/2015
WITH
CIVIL APPLICATION NO. 13875 OF 2018
IN FA/3029/2015
EXECUTIVE ENGINEER DEPTT OF SINA KOLEAON PROJECT OSMANABAD
VERSUS
SANDIP SATISH PATIL AND ORS
...
WITH
FIRST APPEAL NO. 3031 OF 2015
WITH
CIVIL APPLICATION NO. 16570 OF 2015 IN FA/3031/2015
WITH
CIVIL APPLICATION NO. 13872 OF 2018 IN FA/3031/2015
EXECUTIVE ENGINEER, DEPARTMENT OF SINA KOLEGAON PROJECT
PARANDA
VERSUS
SATISH BHAGWAT PATIL AND OTHERS
…
WITH
FIRST APPEAL NO. 3030 OF 2015
WITH
CIVIL APPLICATION NO. 16504 OF 2015
IN FA/3030/2015
WITH
CIVIL APPLICATION NO. 13874 OF 2018
IN FA/3030/2015
EXECUTIVE ENGINEER DEPTT OF SINA KOLEAON PROJECT OSMANABAD
VERSUS
KALIDAS NARSING PATIL DIED LRS DHANANJAY AND ORS
…
WITH
X-OBJECTION (STAMP) NO. 5955 OF 2017
IN FA/3030/2015
KALIDAS NARSING PATIL DIED LRS DHANANJAY AND ORS
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Advocate for Appellants/acquiring body : Mr. S.G. Sangle
AGP for Respondent/State : Mr. D.R. Korde
Advocate for Respondents/original claimants/X-objector : Mr. A.S. More
FA 3029/15 & Ors.
2
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 31, 2026
PER COURT :-
1. Heard the learned counsel for the respective parties.
2. The present appeals are filed by the acquiring body and X-objection
is filed by the original claimants. They arise out of the Judgment and Award
dated 13.8.2014 in LAR Nos. 926/2011, 929/2011 and 931/2011 passed by
the learned Civil Judge, Senior Division, Paranda.
3. The learned counsel for the appellants as well as original claimants
have tendered across the Bar a copy of the judgment and order dated
20.07.2026 passed by this Court in FA No. 3147/2017 (The MKVDC Through
Ex. Engineer, Sina Kolegaon Project, Paranda and Ors. Vs. Jagdish
Brahmanand Patil). They submits that the lands of the claimants were
acquired from the same village, for the same public purpose, and under the
same notification as involved in the above appeals. It is, therefore,
contended that the controversy involved in the present appeals is squarely
covered by the judgment and order in FA No. 3147/2017 (supra), and
consequently, the present appeals deserve to be disposed of in terms
thereof. The learned A.G.P. appearing for respondent/State fairly concedes
the aforesaid position.
4. Having considered the submissions advanced by the learned counsel
for the respective parties, and in view of the admitted position that the
controversy involved in the present appeals is identical to the one decided
by this Court in FA No. 3147/2017 (supra), I see no reason to take a
FA 3029/15 & Ors.
3
different view. The present appeals, therefore, deserve to be disposed of in
terms of the said judgment and order. Hence, the following order:
ORDER
(I) The appeals are partly allowed.
(II) Cross Objection St. No. 5955/2017 in FA No. 3030/2015 is dismissed.
(III) The claimants shall be entitled to interest and other statutory benefits
strictly in accordance with the law laid down by the Full Bench of this Court
in the case of State of Maharashtra vs. Kailas Shiva Rangari, 1016 (4)
Mh.L.J. 457.
(IV) Rest of the award is maintained.
(V) Award is modified accordingly.
(VI) Civil Applications, if any, stand disposed of.
( SIDDHESHWAR S. THOMBRE, J. )
ssc/
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