32-FA-5182-2017.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 32 FIRST APPEAL NO. 5182 OF 2017 Executive Engineer Minor Irrigation Division, Osmanabad VERSUS Shrimant Laxman Pawar (Died) Through His L.Rs. Ratnabai And Others. …… Mr. S.G. Sangle, Advocate for Appellant Mr. P.B. Rakhunde, Advocate for the Respondent No.1 Mr. A.M. Phule, AGP for Respondents No.2 and 3 …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 28 SEPTEMBER, 2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. The present appeal arises out of the Judgment and Award dated 22.10.2013 passed by the learned Joint Civil Judge, Senior Division, Omerga, in Land Acquisition Reference No.813 of 2005. 3. The learned counsel for the appellant-acquiring body has tendered across the Bar a copy of the order dated 18.08.2026 passed by this Court in First Appeal No.1257 of 2008 and connected matters, wherein the land of the appellant was acquired from the same village, i.e. Naichakur, Taluka Omerga, District Osmanabad, for the same public purpose, i.e. Sarvadi Medium Project, pursuant to a different notification. He submits that, in the said appeals, this Court partly allowed the appeals and enhanced the 2026:BHC-AUG:44554 32-FA-5182-2017.odt 2 compensation payable to the claimants. He further submits that the said appeals were filed by the claimants as well as by the State; however, the present appeal has been filed by the acquiring body. It is, therefore, contended that the controversy involved in the present appeal is squarely covered by the order dated 18.08.2026 passed by this Court in First Appeal No.1257 of 2008 and connected matters. 4. He further submits that, in the present appeal, the learned Reference Court has awarded interest from the date of taking possession, which is contrary to the law laid down by the Full Bench of this Court in State of Maharashtra v. Kailash Shiva Rangari, reported in 2016 (3) Mh.L.J. 457. He, therefore, submits that the Judgment and Award passed by the learned Reference Court requires modification to that extent. 5. The learned counsel for the claimant, as well as the learned A.G.P. appearing for respondent Nos.1 and 2, fairly concede the aforesaid position. 6. Having considered the submissions advanced by the learned counsel for the respective parties and in view of the admitted position that the controversy involved in the present appeal is covered by the decision of the Coordinate Bench in First Appeal No.1257 of 2008 and connected matters, by order dated 18.08.2026, I see no reason to take a different view. The present appeal, therefore, deserves to be disposed of in terms thereof. Hence, the following order: 32-FA-5182-2017.odt 3 O R D E R (i) The First Appeal is partly allowed. (ii) The judgment and award dated 22.10.2013 passed by the learned Joint Civil Judge, Senior Division, Omerga, in Land Acquisition Reference No.813 of 2005 is modified. (iii) The claimant is entitled to receive the interest under sections 28 and 34 of the Act from the date of award in view of the law laid down by the Full Bench of this Court in the case of State of Maharashtra Vs. Kailas Shiva Rangari, (supra). (iv) Modified award be drawn accordingly. (v) Rest of the award remains unaltered. (vi) Claimant is entitled to withdraw the amount deposited by the acquiring body with accrued interest thereon after adjusting the interest component in view of the law laid down by the Full Bench of this Court in State of Maharashtra Vs. Kailas Shiva Rangari, (supra). (vii) Pending civil applications, if any, are also disposed of [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane