910-FA-1139-2017.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 910 FIRST APPEAL NO. 1139 OF 2017 Executive Engineer, Minor Irrigation Division, Osmanabad and Others VERSUS Ganpati Krishna Jadhav And Others AND X-OBJECTION NO. 80 OF 2025 IN FA/1139/2017 Ganpati Krishna Jadhav And Others VERSUS Executive Engineer, Minor Irrigation Division, Osmanabad and Another …… Mr. S.G. Sangle, Advocate for Appellant in FA/1139/2017 and for Respondent No.1 in X-Obj./80/2025 Mr. M.B. Kolpe, Advocate for Applicant-Claimants in in X-Obj./80/2025 and for Respondents No.1 to 3 in FA/1139/2017 Mr. A.D. Wange, AGP for State …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 04 SEPTEMBER, 2026 PER COURT : 1. Heard learned counsel for the respective parties. 2. This First Appeal and Cross Objection arise out of the Judgment and Award dated 15.07.2014 passed by the learned Civil Judge, Senior Division, Osmanabad, in Land Acquisition Reference No.78 of 2014. 3. Learned counsel Mr. Sangle for the appellant-Acquiring Body and learned counsel Mr. Kolpe for the claimant submit that the controversy involved in the present matter is squarely covered by the order dated 28.07.2026 passed by this Court in First Appeal No.4399 of 2017 and connected matters, whereby this Court partly allowed the appeals preferred 2026:BHC-AUG:41301 910-FA-1139-2017.odt 2 by the Acquiring Body. They, therefore, submit that the present First Appeal and Cross Objection may also be disposed of in terms of the said order. Learned AGP fairly concedes the aforesaid position. 4. Having considered the submissions advanced by learned counsel for the respective parties, and in view of the admitted position that the controversy involved in the present matter is identical to the one decided by this Court in First Appeal No.4399 of 2017 and connected matters vide order dated 28.07.2026, whereby this Court partly allowed the appeals and modified the impugned Awards to the extent of the interest part, I see no reason to take a different view. Consequently, the First Appeal filed by the Acquiring Body as well as the Cross Objection filed by the claimant deserve to be disposed of in terms of the said order. Hence, the following order: O R D E R (i) The First Appeal and Cross X-objection are partly allowed. (ii) The impugned judgment and award dated 15.07.2014 passed by the learned Civil Judge, Senior Division, Osmanabad in Land Acquisition Reference No.78 of 2014 is modified. (iii) Claimants shall be entitled to interest under Sections 28 and 34 of the Land Acquisition Act, in terms of the law laid down by the Full Bench of this Court in State of Maharashtra v. Kailash Shiva Rangari, 2016 (3), Mh.L.J. 457. 910-FA-1139-2017.odt 3 (iv) The enhancement of compensation awarded by the learned Reference Court is maintained. (v) The remaining part of the impugned judgment and award is confirmed. (vii) The claimants are permitted to withdraw the amount ling deposited in this Court, along with accrued interest, if any, in accordance with law. (viii) Pending Civil Applications, if any, stand disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane