FA 4029/17 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 5 FIRST APPEAL NO. 4029 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS RANGNATH NARSOBA MULE DIED THR LRS DAGDU RANGNATH MULE AND ORS … WITH FIRST APPEAL NO. 4039 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS SAJABAI YASHWANT SHETE AND ORS … WITH FIRST APPEAL NO. 4037 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS BHAGWAT DHONDIBA SHETE AND ORS … WITH FIRST APPEAL NO. 4028 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS MUNIR ISAK SINDH AND ORS … WITH FIRST APPEAL NO. 4031 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS PARMESHWAR BHAGWAT SHETE AND ORS … WITH FIRST APPEAL NO. 4030 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS RAM LAXMAN JADHAV AND ORS … WITH FIRST APPEAL NO. 4032 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS SUKUMARBAI GOROBA SHETE AND ORS 2026:BHC-AUG:41796 FA 4029/17 & Ors. 2 … WITH FIRST APPEAL NO. 4034 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS RAMESHWAR DHONDIBA SHETE AND ORS … WITH FIRST APPEAL NO. 4026 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS DAGDU BHAGWAT SHETE AND ORS … WITH FIRST APPEAL NO. 4024 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS MITHU ISAK SINDH AND ORS … WITH FIRST APPEAL NO. 4036 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS MUKTESHWAR DHONDIBA SHETE AND ORS … WITH FIRST APPEAL NO. 4035 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS KASHIBAI LAXMAN JADHAV AND ORS … WITH FIRST APPEAL NO. 4033 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS NAGNATH BASLING SHETE AND ORS … WITH FIRST APPEAL NO. 4023 OF 2017 THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD VERSUS RAMESHWAR DHONDIBA SHETE AND ORS … Advocate for Appellants : Mr. Bhalerao Sudhir G. FA 4029/17 & Ors. 3 AGP for Respondents: Mr. A.D. Wange Advocate for Respondents/claimants : Mr. V.S. Tanwade ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : September 07, 2026 PER COURT :- 1. Heard the learned counsel for the respective parties. 2. By these appeals, the appellant/acquiring body challenges the judgment and award dated 24.09.2013 passed by the learned 4th Jt. Civil Judge, Senior Division, Osmanabad, in LAR Nos. 26, 22, 25, 27, 30, 94, 34, 32, 31, 20, 24, 18, 21 of 2009 and 462 of 2010. 3. Learned counsel for the appellant submits that the compensation enhanced by the learned Reference Court exceed slightly above four times the amount awarded by the Land Acquisition Officer. The learned AGP appearing for the respondent-State fairly concedes the aforesaid position. 4. It is submitted that, having regard to the policy decision of the State Government contained in Government Resolution No. Sankirna-2014/ Prak.Kra.4/Bham-1/A-4 dated 03.11.2016, as subsequently clarified by the Corrigenda dated 23.02.2017 and 13.08.2018, the State Government has taken a decision not to challenge an award of the Reference Court where the compensation enhanced does not exceed four times the amount awarded by the Land Acquisition Officer. 5. In view of the aforesaid submissions and the policy decision of the FA 4029/17 & Ors. 4 State Government along with other merits of matter, I do not find any reason to interfere with the Judgment and Award insofar as the quantum of compensation is concerned. However, as regards the award of interest, the learned Reference Court has directed payment of interest from the date of publication of the notification under Section 4 of the Land Acquisition Act, 1894. Such direction is contrary to the law laid down by the Full Bench of this Court in State of Maharashtra v. Kailas Shiva Rangari, reported in 2016 (3) Mh.L.J. 457. To that limited extent, the impugned Judgment and Award requires modification. Hence, the following order is passed: ORDER (i) The First Appeals are partly allowed. (ii) The judgment and award dated 24.09.2013 passed by the learned 4th Jt. Civil Judge, Senior Division, Osmanabad, in LAR Nos. 26, 22, 25, 27, 30, 94, 34, 32, 31, 20, 24, 18, 21 of 2009 and 462 of 2010, is modified to the aforesaid extent. (iii) The claimant shall be entitled to interest under Sections 28 and 34 of the Land Acquisition Act, 1894, strictly in accordance with the principles laid down by the Full Bench of this Court in State of Maharashtra v. Kailas Shiva Rangari, reported in 2016 (3) Mh.L.J. 457. (iv) Save and except the aforesaid modification in respect of interest, the judgment and award dated 24.09.2013 passed by the learned 4th Jt. Civil Judge, Senior Division, Osmanabad, in LAR Nos. 26, 22, 25, 27, 30, 94, 34, 32, 31, 20, 24, 18, 21 of 2009 and 462 of 2010 shall remain unaltered. (v) The claimants are at liberty to withdraw the amount deposited by the acquiring body in this Court, together with the accrued interest thereon, subject to adjustment of the amount of interest, if any, payable under FA 4029/17 & Ors. 5 Sections 28 and 34 of the Land Acquisition Act, 1894, as determined in accordance with law. After such adjustment, the claimant shall be entitled to withdraw the balance amount, and any amount remaining thereafter shall be at liberty to be retained by the acquiring body. (vi) Pending Civil Applications, if any, stand disposed of. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/