EXECUTIVE ENGINEER, KRISHNA KHORE, OSMANABAD THR MKVDC PUNEversusHARIBHAU TUKARAM JARE AND ORS

2026:BHC-AUG:41214



                                                             9-sr909.wp3357 and 3356 of 2018


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              FIRST APPEAL NO. 3357 OF 2018

                     Executive Engineer, Krishna Khore, Osmanabad Thr Mkvdc Pune
                                                VERSUS
                                    Haribhau Tukaram Jare And Ors

                                               WITH
                              FIRST APPEAL NO. 3356 OF 2018

                     Executive Engineer, Krishna Khore, Osmanabad Thr Mkvdc Pune
                                                VERSUS
                                  Babasaheb Shahurao Doke And Ors

                                              ----
            Mr.A.N.Gaddime, Advocate for appellants
            Mr.R.J.Nirmal, Advocate for respondents – claimants
            Mr.K.B.Jadhavar, AGP for State
                                              ----

                                       CORAM :        AJIT B. KADETHANKAR, J.
                                       DATE  :        SEPTEMBER 03, 2026
            ORDER :-
                       Considering the peculiar facts of the case, the First Appeals

            are being disposed of at admission stage.

            2.         Learned advocate for the respondents–claimants submits

            that First Appeal No.3356 of 2018 is filed by the acquiring body taking

            exception to the judgment and award dated 12.01.2015 passed by

            learned 2nd Joint Civil Judge Senior Division, Beed in L.A.R. No.181 of

            2007. He would submit that although L.A.R. No.181 of 2007 was

            decided by the concerned court together with other connected

            matters, page 19 of the impugned judgment and award refers to the
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escalation granted in L.A.R. No.181 of 2007. He would demonstrate

from the calculation and award that the escalation granted by the

reference court is covered by the Government Resolution dated

03.11.2016 with Corrigenda dated 23.02.2017 and 13.08.2018. He

would submit that in view of the policy decision taken by the State

Government, the appeal need not be prosecuted further. He would

submit that the escalation is adequate and proper and does not give

any cause to proceed further.


2.          In First Appeal No.3357 of 2018, learned advocate for the

respondent points out that the appeal is filed taking exception to the

judgment and award dated 12.01.2015 passed by learned 2 nd Joint

Civil Judge Senior Division, Beed in L.A.R. No.185 of 2007. He would

point out page no.23 of the impugned judgment and award referring

that the court has given details of calculation for escalation awarded.

He would submit that in this matter also the escalation is within the

parameters of the Government Resolution dated 03.11.2016 with

Corrigenda dated 23.02.2017 and 13.08.2018.


3.          Mr.Nirmal   learned   advocate   for   the   respondent    –

claimants points out order dated 09.07.2016 passed in connected

First Appeal No.2531 of 2017 arising out of L.A.R. No.180 of 2007

decided together with the present land acquisition reference.
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4.           Mr.Gaddime, learned advocate for the appellants –

acquiring body fairly and graciously accepts the submissions

advanced by Mr.Nirmal, learned advocate for the respondents –

claimants.    He accepts that the escalation challenged in these

appeals is covered by the above-referred Government policies and

hence the appeals could be disposed of in terms of the escalation

granted by the reference court.


5.           In view of the above submissions, I do not find any

hesitation to dispose of the First Appeals with the following order:-


(I)          First   Appeals   stand   disposed   of   holding   that    the

escalation is covered by the Government Resolution No.Sankirna-

2014/Pra-Kra-4/Bham-1/A-4 dated 03.11.2016 with Corrigenda dated

23.02.2017 and 13.08.2018. The interest shall be covered by the

judgment of full bench in the case of State of Maharashtra Vs.

Kailas Shiva Rangari, 2016(4) All MR 513.



(II)         The amount deposited by the acquiring body in this court

is permitted to be withdrawn together with interest.



(III)        Security, if any, offered by the claimants in any part

withdrawal stands discharged.
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(IV)       The amount, if any, found to be additional/excessively

deposited by the acquiring body shall be returned back to the

acquiring body.



                              [AJIT B. KADETHANKAR, J.]
                            ………..


KBP