The Executive Engineer Seena Kolegaon Project Division Paranda v. Bhagwan S/O Datta Devakar And ORS
2026:BHC-AUG:8190
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 28 FIRST APPEAL NO. 4054 OF 2022 WITH CIVIL APPLICATION NO. 12815 OF 2022 IN FA/4054/2022 EX. ENGINEER, OSMANABAD MEDIUM PRO. DIV. OSMANABAD (WATEFAL STORAGE TANK) OSMANABAD
VERSUS
SHARDABAI ACHUTRAO SAWANT ...
Advocate for Appellant : Mrs. Shelke Sunita Dasharat ...
31 FIRST APPEAL NO. 600 OF 2023 WITH FIRST APPEAL NO. 601 OF 2023 WITH FIRST APPEAL NO. 602 OF 2023 EX. ENGINEER, OSMANABAD MEDIUM PRO. DIV. OSMANABAD (WATEFAL STORAGE TANK) OSMANABAD
VERSUS
LAXMAN BABAN DEOKAR AND ORS ...
Advocate for Appellant : Mrs. Shelke Sunita Dasharat ...
32 FIRST APPEAL NO. 658 OF 2023 WITH FIRST APPEAL NO. 659 OF 2023 WITH FIRST APPEAL NO. 660 OF 2023 EX. ENGINEER, OSMANABAD MEDIUM PROJECT DIV. OSMANABAD (WATEFAL STORAGE TANK) AND ORS
VERSUS
VENKATESH NARAYAN JAHAGIRDAR (DIED) SUMAN (DIED) THR LRS MUKUND ...
Advocate for Appellant : Mrs. Shelke Sunita Dasharat Advocate for Respondents in FA 658/2023 and 659/2023 : Mr. Madhav K. Jadhav h/f Mr. More Abhijit S.
..
36 FIRST APPEAL NO. 2602 OF 2024 1/4
THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT DIVISION PARANDA
VERSUS
BHAGWAN S/O DATTA DEVAKAR AND ORS ...
Advocate for Appellant : Mr. Shelke Sunita Dasharat AGP for Respondent/State : Mr. S.N. Morampalle ...
41 CIVIL APPLICATION NO. 9849 OF 2023 IN FAST/24470/2023 WITH CIVIL APPLICATION NO. 9850 OF 2023 IN FAST/24470/2023 EX. ENGINEER IRRIGATION DEPT. STRENGTHENING DIV. OMERGA NOW K.M.C.D. NO. 1 OBAD UNDER GMIDC AND
VERSUS
MOHAN MAHADEO RONGE AND ANR ...
Advocate for Applicant : Mr. Shelke Sunita Dasharat ...
WITH CIVIL APPLICATION NO. 2708 OF 2023 IN FAST/6844/2023 WITH CIVIL APPLICATION NO. 2709 OF 2023 IN FAST/6844/2023 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, PARANDA
VERSUS
MACHINDRA SUKHADEO GHADGE AND OTHERS ...
Advocate for Applicant : Mrs. Shelke Sunita Dashrath
CORAM
: SHAILESH P. BRAHME, J.
DATE : 23.02.2026 PER COURT :
Civil Application No. 2708/2023 with Civil Application No. 2709/2023 are not on board. Taken on board, on mentioning. 2/4
CIVIL APPLICATIONS FOR CONDONATION OF DELAY 2.
The applicant-Acquiring Body seeks to condone delay in preferring appeals. The respondents have no serious objection for condonation of delay. The matters are squarely covered by the view taken by this Court. It is desirable to condone the delay.
3.
The delay stands condoned.
4.
The Civil Applications are disposed of.
FIRST APPEAL (STAMP) :
5.
The appellant-Acquiring Authorities are challenging the judgment and award passed by the Reference Court. Challenge is restricted to awarding interest. The appeals are squarely covered by the consistent view being taken by this Court in various judgments, following law laid down in the matter of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.)141]. The copy of the common order passed on 05.02.2026 in First Appeal No. 4044/2023 and connected appeals is placed on record. The award of interest in the impugned judgment is clearly against the settled legal position, which needs to be rectified. I, therefore, pass following order :
ORDER
(i) First Appeals are allowed partly.
(ii) The respondents/claimants are entitled to receive interest under Section 28 and 34 of the Land Acquisition Act from the date of Award under Section 11 of the Act and not from the date of notification.
(iii) The payment of interest in all appeals shall be as per law laid down in the matter of State of Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4) All MR 513. 3/4
(iv) Impugned judgment and award passed by the Reference Court shall stand modified to the extent stated above and rest of the award shall remain unaltered. (v) The amounts deposited by the appellants in this Court or the Reference Court shall be disbursed to the respondents/claimants with accrued interest as per the modifications referred above.
CIVIL APPLICATIONS FOR STAY :
In view of disposal of the first appeals, the Civil Applications are disposed of.
( SHAILESH P. BRAHME, J.) mkd/- 4/4