Bombay High Court
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECTversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
Interest on compensation must be payable as laid down in State of Maharashtra v. Kailash Shiva Rangari, and the rest of the award stands confirmed.
Summary
The Executive Engineer, Osmanabad Medium Project appealed against the State of Maharashtra challenging the quantum of interest payable on compensation awarded under Sections 28 and 34 of the Land Acquisition Act, 1894. The claimants had withdrawn the amount already paid and the matter was referred to the National Lok Adalat for settlement. The panel examined the legal position on interest and reiterated the precedent set by State of Maharashtra v. Kailash Shiva Rangari (2016) that interest must be calculated as per that decision. Accordingly, all first appeals were disposed of with a marginal modification directing that interest be paid in accordance with the Rangari case, while the rest of the award was confirmed. The appellant was permitted to initiate recovery proceedings for any amount overpaid to the claimants, and the record was sent back to the reference court.
Issues considered
- The correct rate and mode of interest payable on compensation under Sections 28 and 34 of the Land Acquisition Act, 1894.
- Whether the earlier award and judgment should be modified or confirmed.
Legislation cited
- Land Acquisition Act, 1894 — s. 28, 34
- Legal Services Authorities Act, 1987 — s. 19
Subjects
- Land Acquisition
- Interest on Compensation
- Lok Adalat
- Settlement
- Overpayment Recovery
- Maharashtra
- Legal Services
Judgment
(1)
Sr. No. 139-140.odt
BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH COURT OF
BOMBAY
BENCH AT AURANGABAD
Organized by High Court Legal Services Sub-Committee,
Aurangabad under section 19, of the Legal Services Authorities Act,
1987 (Central Act)
Appellant : THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM
PROJECT
Respondents : THE STATE OF MAHARASHTRA AND OTHERS
No. of proceedings : FIRST APPEAL NO. 3692 OF 2018
WITH
FIRST APPEAL NO. 3696 OF 2018
WITH
FIRST APPEAL NO. 3697 OF 2018
WITH
CIVIL APPLICATION NO. 15976 OF 2013
IN FA/3696/2018
WITH
FIRST APPEAL NO. 3695 OF 2018
WITH
CIVIL APPLICATION NO. 15978 OF 2013
IN FA/3697/2018
WITH
CIVIL APPLICATION NO. 15974 OF 2013
IN FA/3695/2018
WITH
CIVIL APPLICATION NO. 15972 OF 2013
IN FA/3694/2018
WITH
CIVIL APPLICATION NO. 984 OF 2014
IN FA/3692/2018
WITH
FIRST APPEAL NO. 3694 OF 2018
AND
140 FIRST APPEAL NO. 925 OF 2019
WITH
CIVIL APPLICATION NO. 15442 OF 2013
IN FA/925/2019
(2)
Sr. No. 139-140.odt
THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
FIRST APPEAL NO. 924 OF 2019
WITH
CIVIL APPLICATION NO. 15441 OF 2013
IN FA/924/2019
WITH
FIRST APPEAL NO. 927 OF 2019
WITH
CIVIL APPLICATION NO. 15449 OF 2013
IN FA/927/2019
WITH
CIVIL APPLICATION NO. 15446 OF 2013
IN FA/926/2019
WITH
FIRST APPEAL NO. 926 OF 2019
AND
FIRST APPEAL (ST) No. 14296 OF 2013
EXECUTIVE ENGINEER, MEDIUM PROJECT
DIVISION, OSMANABAD
VERSUS
MURALIDHAR BHAVANI GHULE AND OTHERS
AND
FIRST APPEAL (ST) No. 14629 OF 2013
EXECUTIVE ENGINEER, MEDIUM PROJECT
DIVISION, OSMANABAD
VERSUS
CHHBABAI CHAGAN GHULE AND OTHERS
Present :-
Name of Hon’ble High Court Judge: SHRI SHAILESH P. BRAHME
Retired Judicial Officer: Shri. Kishor R. Chaudhari
Name of Member : Adv. Yogita S. Thorat (Kshirsagar)
AWARD
The dispute between the parties has been referred for
settlement before the Lok Adalat.
(3)
Sr. No. 139-140.odt
1. Learned counsels Mr. Gulab Rajale and Smt. S.D. Shelke
respectively for the appellant/ Acquiring Body along with officer
namely Mr. Askasi Mohd. Umar, Sub Divisional Officer, and learned
A.G.P. Mr. A.M. Phule for the State are present before the panel.
2. None appeared for the private party/ claimants, though duly
served in the First Appeal.
3. The challenge in the First Appeals are in respect of the payment
of interest under Sections 28 and 34 of the Land Acquisition Act,
1894. It is settled legal position that, the interest would be payable as
per the law laid down in the case of State of Maharashtra Vs. Kailash
Shiva Rangari 2016(4) ALL MR 513. The counsel for the appellants
confirms that there is no challenge on any other ground in the
appeals.
4. All First Appeals shall stand disposed of with the marginal
modification that the interest under Sections 28 and 34 of the Land
Acquisition Act shall be payable as per law laid down by Full Bench in
the case of State of Maharashtra Vs. Kailash Shiva Rangari (supra)
4. Rest of the judgment and award in the appeal under challenge
stands confirmed as it is.
(4)
Sr. No. 139-140.odt
5. The respondents/ claimants have withdrawn the amount from
the Reference Court and in view of marginal modification of the
impugned judgment and award, it would be open for the appellant/
Acquiring Body to initiate proceedings for recovery of amount, which
is found to be overpaid to the claimants, as is permissible in the law.
6. Award be drawn up accordingly.
7. Record and proceedings be sent back to the Reference Court.
8. The parties are informed that the Court fee, if any, paid by any
of them, shall be refunded.
YOGITA S. THORAT KISHOR R. CHOUDHARI SHAILESH P. BRAHME. J
MEMBER Rtd. DISTRICT JUDGE HEAD OF THE PANEL
Date: 14.03.2026
(Seal of the Authority/Committee)
Ysk/
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