The Executive Engineer, Minor Irrigation Division, Osmanabad And ANR v. Dnyaneshwar Rajendra Gaikwad Minor Under Guardian Of Kamalbai Rajendra Gaikwad

2026:BHC-AUG:1257 14 FA 579 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 FIRST APPEAL NO. 579 OF 2025 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ANR

VERSUS

DNYANESHWAR RAJENDRA GAIKWAD MINOR UNDER GUARDIAN OF KAMALBAI RAJENDRA GAIKWAD ...

Advocate for Appellant : Mr. Shelke Sunita Dashrathrao Advocate for Respondent : Mr. Tanwade Vikas Suresh ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 12.01.2026 PER COURT :

Heard.

2.

The Acquiring Body has preferred this appeal challenging the judgment and award passed in L.A.R. No. 260/2002. It has been pointed out by the learned counsel for the Acquiring Body that awarding of interest is not in consonance with the law laid down by the full bench in the matter of State of Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4) All MR

513. It is fairly submitted by the learned counsel that appeals preferred by the State, who was at the relevant time was acquiring body, was dismissed by a reasoned order passed on 06.10.2015. As this Court has taken a view confirming the judgment passed by the Reference Court arising out of self same acquisition proceedings, the judicial concomitance requires that the rate fixed earlier should be accepted.

3.

First Appeal is dismissed. However, the interest payable to the 1/2

14 FA 579 OF 2025.odt respondent-claimant under Section 28 and 34 of the Land Acquisition Act shall be as per law laid down in the matter of State of Maharashtra Vs. Kailas Shiva Rangari (supra).

4.

Award be drawn accordingly.

( SHAILESH P. BRAHME, J.) mkd/- 2/2