2-fa2730.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.2730 OF 2023 Executive Engineeer, Irrigation Project Strengthening (Majbutikaram) Division, Omerga, Now merged in Osmanabad Medium Project Division, Osmanabad and others ..Appellants Vs. Smt. Leshabai w/o. Manikrao Jagtap, Age:Major, Occ. Agriculturist, r/o. Arali (Bk), Tq. Tuljapur, Dist. Osmanabad ..Respondent ---- Mrs.S.D.Shelke, Advocate for appellants Mr.A.T.Jagtap, Advocate for respondent ---- CORAM : AJIT B. KADETHANKAR, J. DATE : OCTOBER 08, 2026 ORDER :- Feeling aggrieved by the judgment and award passed by learned 2nd Joint Civil Judge Senior Division, Osmanabad in Land Acquisition Reference No.169 of 2004 the acquiring body is in First Appeal before this court. 2. The appellant has challenged enhancement granted by the Reference Court in the compensation awarded by the Special Land Acquisition Officer against the compulsory acquisition. 2026:BHC-AUG:48238 2 2-fa2730.2023 3. Learned advocates for both sides cite an order dated 16.07.2026 passed by this Court in First Appeal No.1200 of 2017 (the Executive Engineer, Irrigation Project Strenghtening (Majbutikaran) Division, Omerga and others Vs. Bhima Krishna Gidde) with connected matters. They submit that the cited matters arose out of the same land acquisition proceedings and are absolutely identical to the present matter. It is submitted that after considering all the contentions raised by the acquiring body in those appeals, the said appeals are dismissed by this Court. Learned advocate for the appellant fairly submits that the grounds of objections in the said appeals as also in the present appeal are same and absolutely identical. 4. I have gone through the order in the cited matter. There is no reason for me to disagree with the view taken by this Court in the cited cases. Hence, I pass following order:- A) The First Appeal stands dismissed. B) Record and Proceedings be sent back to the Reference Court. 3 2-fa2730.2023 C) The amount deposited by the acquiring body, if any, is permitted to be withdrawn by the respondent – claimant. Security, if any, already offered by the claimant stands discharged. D) The Court appreciates the assistance rendered by Mrs. Shelke, learned advocate for the appellant – acquiring body. [AJIT B. KADETHANKAR, J.] ……….. KBP