Bombay High Court
THE EXECUTIVE ENGINEER, KRISHNA KHORE MAHAMANDALversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- SANJAY A DESHMUKH
Holding
The first appeals are disposed of, with clause 4 modified to award interest at 9% per annum for one year from the award date and 15% thereafter until realization.
Summary
The Executive Engineer appealed against the State of Maharashtra challenging the compensation awarded by the Reference Court, arguing that the interest clause in the operative order was erroneous. The State Government had a policy, via a resolution dated 03.11.2016 and its corrigendum, not to contest appeals where the compensation awarded was within four times the amount awarded by the S.L.A.O. The court considered this policy and the appellant's submission that interest should be 9% per annum for one year and 15% thereafter. Accordingly, the court disposed of the first appeals, modifying clause 4 of the operative order to reflect the correct interest rates. All pending civil applications, if any, were also disposed of.
Issues considered
- The applicability of the State Government's policy not to contest appeals where compensation is within four times the S.L.A.O. award
- The correct rate of interest to be awarded to claimants under clause 4 of the operative order
Subjects
- compensation
- interest
- government policy
- appeal
- civil application
- order modification
Judgment
2026:BHC-AUG:15937
This order is corrected as per speaking to minutes of order dated 15.04.2026
955 (1) FA NO. 496 OF 2014.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
955 FIRST APPEAL NO. 496 OF 2014
The Executive Engineer, Krishna Khore Mahamandal
VERSUS
The State Of Maharashtra And Others
...
Mr. Rajale Gulab B., Advocate for Appellant
Mr. S. G. Joshi, AGP for Respondents/State
Mr. Shubham Jaybhar h/f Mr. D. R. Jaybhar, Advocate for
Respondent No.2
AND
CIVIL APPLICATION NO. 5040 OF 2016 IN FA/565/2014 AND
FIRST APPEAL NO. 569 OF 2014 AND
FIRST APPEAL NO. 570 OF 2014 AND
FIRST APPEAL NO. 565 OF 2014 AND
FIRST APPEAL NO. 566 OF 2014 AND
FIRST APPEAL NO. 568 OF 2014 AND
FIRST APPEAL NO. 567 OF 2014 AND
CIVIL APPLICATION NO. 5034 OF 2016 IN FA/566/2014 AND
FIRST APPEAL NO.1313 OF 2014
….
CORAM : SANJAY A. DESHMUKH, J.
DATE : 08.04.2026
PER COURT :-
1. First Appeal No.1313 of 2014 is not on board. Upon
being mentioned, taken on board.
2. The learned Advocate for the appellants and the learned
AGP for the State submit that in view of the policy decision of the
State Government as per the Government Resolution dated
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(( 2 )) 955 (1) FA NO. 496 OF 2014
03.11.2016 and the corrigendum dated 23.02.2017 issued thereto,
the State Government has resolved not to file or contest any appeal
where the amount of compensation awarded by the Reference Court
is within four times of the amount awarded by the S.L.A.O. They
submit that the present first appeals deserve to be disposed of in view
of the aforesaid policy decision of the State Government, as the
amount of compensation awarded by the Reference Court is within
four times of the amount awarded by the S.L.A.O.
3. The learned Advocate for the appellant/acquiring body
pointed out clause No. 4 of the operative order of the impugned
judgments and submits that the learned Reference Court erred in
awarding interest. He prays that clause No.4 of the operative order be
corrected as the claimants are entitled to interest @ 9% per annum
for one year from the date of the award and thereafter @ 15% per
annum till realization of the amount.
4. Considering the submissions of both sides as well as the
policy decision of the State Government, the first appeals deserve to
be disposed of. The First Appeals are disposed of accordingly.
Pending civil applications, if any, are also disposed of. The argument
of learned Advocate for the appellant/acquiring body is acceptable
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(( 3 )) 955 (1) FA NO. 496 OF 2014
with regard to clause No. 4 of the operative order of the impugned
judgments, to the extent that the claimants are entitled to interest @
9% per annum for one year from the date of the award and thereafter
@ 15% per annum till realization of the amount. Hence, Clause 4 of
the operative order of the impugned judgments and awards are
modified as under:
The claimants are entitled to interest @ 9% p.a. for one year from the
date of the award, and thereafter @15% p.a. till realisation of the
amount.
[ SANJAY A. DESHMUKH, J. ]
HRJadhav
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