EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, OSMANABADversusSHRIMANT LAXMAN PAWAR DIED THR HIS LRS RATNABAI AND ORS.

2026:BHC-AUG:44554
                                                                         32-FA-5182-2017.odt
                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              32 FIRST APPEAL NO. 5182 OF 2017

                     Executive Engineer Minor Irrigation Division, Osmanabad
                                            VERSUS
                                 Shrimant Laxman Pawar (Died)
                             Through His L.Rs. Ratnabai And Others.

                                             ……
          Mr. S.G. Sangle, Advocate for Appellant
          Mr. P.B. Rakhunde, Advocate for the Respondent No.1
          Mr. A.M. Phule, AGP for Respondents No.2 and 3
                                             ……

                                          CORAM : SIDDHESHWAR S. THOMBRE, J.
                                          DATE       : 28 SEPTEMBER, 2026
          PER COURT :

          1.     Heard the learned counsel for the respective parties.


          2.     The present appeal arises out of the Judgment and Award dated

          22.10.2013 passed by the learned Joint Civil Judge, Senior Division,

          Omerga, in Land Acquisition Reference No.813 of 2005.


          3.     The learned counsel for the appellant-acquiring body has tendered

          across the Bar a copy of the order dated 18.08.2026 passed by this Court in

          First Appeal No.1257 of 2008 and connected matters, wherein the land of

          the appellant was acquired from the same village, i.e. Naichakur, Taluka

          Omerga, District Osmanabad, for the same public purpose, i.e. Sarvadi

          Medium Project, pursuant to a different notification. He submits that, in the

          said appeals, this Court partly allowed the appeals and enhanced the
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compensation payable to the claimants. He further submits that the said

appeals were filed by the claimants as well as by the State; however, the

present appeal has been filed by the acquiring body. It is, therefore,

contended that the controversy involved in the present appeal is squarely

covered by the order dated 18.08.2026 passed by this Court in First Appeal

No.1257 of 2008 and connected matters.


4.     He further submits that, in the present appeal, the learned Reference

Court has awarded interest from the date of taking possession, which is

contrary to the law laid down by the Full Bench of this Court in State of

Maharashtra v. Kailash Shiva Rangari, reported in 2016 (3) Mh.L.J. 457. He,

therefore, submits that the Judgment and Award passed by the learned

Reference Court requires modification to that extent.


5.     The learned counsel for the claimant, as well as the learned A.G.P.

appearing for respondent Nos.1 and 2, fairly concede the aforesaid position.


6.     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 appeal is covered by the decision of the

Coordinate Bench in First Appeal No.1257 of 2008 and connected matters,

by order dated 18.08.2026, I see no reason to take a different view. The

present appeal, therefore, deserves to be disposed of in terms thereof.

Hence, the following order:
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                                      ORDER

(i)        The First Appeal is partly allowed.


(ii)       The judgment and award dated 22.10.2013 passed by the learned
Joint Civil Judge, Senior Division, Omerga, in Land Acquisition Reference
No.813 of 2005 is modified.


(iii)      The claimant is entitled to receive the interest under sections 28 and
34 of the Act from the date of award in view of the law laid down by the
Full Bench of this Court in the case of State of Maharashtra Vs. Kailas Shiva
Rangari, (supra).

(iv)       Modified award be drawn accordingly.


(v)        Rest of the award remains unaltered.


(vi)       Claimant is entitled to withdraw the amount deposited by the
acquiring body with accrued interest thereon after adjusting the interest
component in view of the law laid down by the Full Bench of this Court in
State of Maharashtra Vs. Kailas Shiva Rangari, (supra).

(vii)      Pending civil applications, if any, are also disposed of




                                                 [ SIDDHESHWAR S. THOMBRE ]
                                                           JUDGE




S P Rane