935-FA-496-23.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 496 OF 2023 Executive Engineer, Irrigation Project Strengthening Division, Omerga and Others ..APPELLANTS VERSUS Nanasaheb Dyandev Jatkar ..RESPONDENT .... Ms. S.D. Shelke, Advocate for appellants Mr. R.V. Naiknavare, Advocate for respondent .... CORAM : AJIT B. KADETHANKAR, J. DATE : 23rd SEPTEMBER, 2026 PER COURT : 1. Being aggrieved by the judgment and award dated 02nd May, 2015 passed by the learned 2nd C.J.S.D., Osmanabad in L.A.R. No. 52 of 2013, the acquiring body has preferred this first appeal. 2. When the matter is called out, Mr. Naiknavare, learned counsel for the respondent placed on record order dated 28th July, 2026 passed by this Court in a group of first appeals with cross-objections led by First Appeal No. 2948 of 2017. He would submit that the cited matters arise out of the same land acquisition proceedings which is the subject matter of present first appeal. He would also submit that in the said matters, after considering all the facts and circumstances of the case, this Court pleased to fix the rate of compensation at Rs.6,000/- per R for irrigated land and Rs.3,000/- per R for 1 / 2 2026:BHC-AUG:43923 935-FA-496-23.odt dry land. He would further submit that the subject matter land is already categorised as irrigated land and hence claimants are entitled for compensation @ Rs.6,000/- per R applicable to the irrigated land. He submit that in view of this, nothing survives in this first appeal. 3. Ms. Shelke, learned counsel for the appellants was given an opportunity to go through the said order cited by learned counsel for the respondent. After going through the same, she agrees that the present appeal is covered by the cited order. 4. In view of above, present first appeal stands dismissed. Suffice to note, interest part shall be covered by the law laid down by the Full Bench judgment of this Court in case of State of Maharashtra Vs. Kailash Shiva Rangari, 2016 (3) Mh.L.J. 457. Any security, if offered by the claimant/respondent while withdrawing the amount from this Court, stands discharged. The claimant/respondent is permitted to withdraw the balance amount pending in this Court. However, as observed above, the balance amount shall be disbursed after applying the interest as per Kailash Shiva Rangari’s (supra) case. After disbursement of amount to the claimant/respondent, if any excess amount is found, the acquiring body is entitled to withdraw the same. ( AJIT B. KADETHANKAR, J. ) SSD 2 / 2