THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT v. THE STATE OF MAHARASHTRA AND OTHERS
FA/924/2019 · 2026-03-14
Lok Adalat
body1987
DailyLaw.ai
[ 1987 DAILYLAW 500 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 1987 DAILYLAW 500 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(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/