9-sr909.wp3357 and 3356 of 2018 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 3357 OF 2018 Executive Engineer, Krishna Khore, Osmanabad Thr Mkvdc Pune VERSUS Haribhau Tukaram Jare And Ors WITH FIRST APPEAL NO. 3356 OF 2018 Executive Engineer, Krishna Khore, Osmanabad Thr Mkvdc Pune VERSUS Babasaheb Shahurao Doke And Ors ---- Mr.A.N.Gaddime, Advocate for appellants Mr.R.J.Nirmal, Advocate for respondents – claimants Mr.K.B.Jadhavar, AGP for State ---- CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 03, 2026 ORDER :- Considering the peculiar facts of the case, the First Appeals are being disposed of at admission stage. 2. Learned advocate for the respondents–claimants submits that First Appeal No.3356 of 2018 is filed by the acquiring body taking exception to the judgment and award dated 12.01.2015 passed by learned 2nd Joint Civil Judge Senior Division, Beed in L.A.R. No.181 of 2007. He would submit that although L.A.R. No.181 of 2007 was decided by the concerned court together with other connected matters, page 19 of the impugned judgment and award refers to the 2026:BHC-AUG:41214 2 9-sr909 escalation granted in L.A.R. No.181 of 2007. He would demonstrate from the calculation and award that the escalation granted by the reference court is covered by the Government Resolution dated 03.11.2016 with Corrigenda dated 23.02.2017 and 13.08.2018. He would submit that in view of the policy decision taken by the State Government, the appeal need not be prosecuted further. He would submit that the escalation is adequate and proper and does not give any cause to proceed further. 2. In First Appeal No.3357 of 2018, learned advocate for the respondent points out that the appeal is filed taking exception to the judgment and award dated 12.01.2015 passed by learned 2nd Joint Civil Judge Senior Division, Beed in L.A.R. No.185 of 2007. He would point out page no.23 of the impugned judgment and award referring that the court has given details of calculation for escalation awarded. He would submit that in this matter also the escalation is within the parameters of the Government Resolution dated 03.11.2016 with Corrigenda dated 23.02.2017 and 13.08.2018. 3. Mr.Nirmal learned advocate for the respondent – claimants points out order dated 09.07.2016 passed in connected First Appeal No.2531 of 2017 arising out of L.A.R. No.180 of 2007 decided together with the present land acquisition reference. 3 9-sr909 4. Mr.Gaddime, learned advocate for the appellants – acquiring body fairly and graciously accepts the submissions advanced by Mr.Nirmal, learned advocate for the respondents – claimants. He accepts that the escalation challenged in these appeals is covered by the above-referred Government policies and hence the appeals could be disposed of in terms of the escalation granted by the reference court. 5. In view of the above submissions, I do not find any hesitation to dispose of the First Appeals with the following order:- (I) First Appeals stand disposed of holding that the escalation is covered by the Government Resolution No.Sankirna- 2014/Pra-Kra-4/Bham-1/A-4 dated 03.11.2016 with Corrigenda dated 23.02.2017 and 13.08.2018. The interest shall be covered by the judgment of full bench in the case of State of Maharashtra Vs. Kailas Shiva Rangari, 2016(4) All MR 513. (II) The amount deposited by the acquiring body in this court is permitted to be withdrawn together with interest. (III) Security, if any, offered by the claimants in any part withdrawal stands discharged. 4 9-sr909 (IV) The amount, if any, found to be additional/excessively deposited by the acquiring body shall be returned back to the acquiring body. [AJIT B. KADETHANKAR, J.] ……….. KBP