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2026 DAILYLAW 21101 (BOM)

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO.1 AURANGABAD v. JAGANNATH TANHU RAHANE AND ORS

CA/14861/2023 · 2026-10-13

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Judgment text

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1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 915 FIRST APPEAL NO.2198 OF 2021 The Ex. Engineer, Minor Irrigation Div. No.1 Aurangabad Thr GMIDC, Aurangabad VERSUS Pandharinath S/o Tanhu Rahane (Died) Through LRs Rahibia and Another ….. Shri. B.R. Survase, Advocate for the Appellant Shri. A. V. Lavate, AGP for the State Shri. P. M. Janapurkar, Advocate for Respondent Nos.1A and 1B ….. WITH CIVIL APPLICATION NO. 1723 OF 2026 IN FA/2198/2021 …… AND 919 FIRST APPEAL NO. 4770 OF 2023 The Executive Engineer Minor Irrigation Division No.1 Aurangabad Versus Kachru Namdeo Sonawane Since Deceased Hence Through Legal Representatives Eknath And Ors ….. Shri. Mukul S. Kulkarni, Advocate for Appellant Shri. K. B. Jadhavar, AGP for the State. Shri. P. M. Janapurkar, Advocate for Respdt Nos.1A, 1 B(ii) to 1B (iv) ….. WITH CIVIL APPLICATION NO. 1707 OF 2026 IN FA/4770/2023 CIVIL APPLICATION NO. 14863 OF 2023 IN FA/4770/2023 ….. AND 920 FIRST APPEAL NO. 4772 OF 2023 The Executive Engineer Minor Irrigation Division No.1 Aurangabad VERSUS Jagannath Tanhu Rahane And Ors Shri. Mukul S. Kulkarni, Advocate for Appellant Shri. P. M. Janapurkar, Advocate for Respondent No.1 2026:BHC-AUG:49512 2 WITH CIVIL APPLICATION NO. 14861 OF 2023 IN FA/4772/2023 CIVIL APPLICATION NO. 1704 OF 2026 IN FA/4772/2023 ….. AND 923 FIRST APPEAL (ST.) NO. 34743 OF 2023 The Executive Engineer, Minor Irrigation Division No.1, Auangabad V/S Gangadhar Ashru Kambale and Another …. Shri. Mukul S. Kulkarni, Advocate for the Appellant Shri. A. V. Lavte, AGP for the State. Shri. P. M. Janapurkar, Advocate for Respondents ….. WITH CIVIL APPLICATION NO. 1714 OF 2026 IN FAST/34743/2023 CIVIL APPLICATION NO. 14305 OF 2023 IN FAST/34743/2023 ….. AND FIRST APPEAL NO.3117 OF 2024 The GMIDC Thr Exe. Engineer, MIDC Aurangabad And Others Versus Kisan Shahajirao Ravte ….. Shri. B. R. Survase, Advocate for the Appellants Shri. K. B. Jadhavar, AGP for the State Shri. P. M. Janapurkar, Advocate for the Respondent ….. WITH CIVIL APPLICATION NO.4170 OF 2024 IN FIRST APPEAL NO.3117 OF 2024 WITH CIVIL APPLICATION NO.1713 OF 2026 IN FIRST APPEAL NO.3117 OF 2024 …… 3 CORAM : AJIT B. KADETHANKAR, J. Dated : OCTOBER 13, 2026 PER COURT :- . First Appeal No.3117 of 2024 is not on Board. Upon mentioning, the same is taken on board. 2. These First Appeals have been filed by the Acquiring Body, challenging the Judgments and Awards passed by the respective Reference Courts. The relevant details of the Appeals are mentioned in the following chart: First Appeal No. LAR Date of impugned Judgment and Award Reference Court 2198 of 2021 372/2008 04.06.2018 5th Jt. Civil Judge Senior Division, Aurangabad 3117 of 2024 381/2008 06.03.2019 3rd Jt Civil Judge Senior Division, Aurangabad 4772 of 2023 371/2006 22.10.2019 2nd Jt. Civil Judge Senior Division, Aurangabad 4770 of 2023 373/2008 02.05.2019 3rd Jt. Civil Judge Senior Division, Aurangabad First Appeal (St.)No 34743 of 2023 382 of 2008 02.05.2019 3rd Jt. Civil Judge Senior Division, Aurangabad 3. When these matters are taken up for hearing, Shri. Janapurkar, learned Advocate for the Respondents - Claimants places on record copy of the order dated 08.12.2025 passed by this Court in bunch of First Appeals one of which is First Appeal No.2196 of 2021. It is submitted that, out of the same land acquisition project i.e. Bruhat Laghu Patbandhare Prakalpa / Deogaon Rangari Storage Tank, Tq. Kannad, Dist. Aurangabad, some matters were placed before National Lok- 4 Adalat. In the National Lok-Adalat, rate of Rs.5250/- per R for irrigated land was accepted by the Acquiring Body and also by the Claimants. The cited Appeals thus came to be disposed of thereby holding the entitlement of the Claimants for adequate compensation @ Rs.5250/- per R for irrigated lands. Citing the above order dated 08.12.2025, Shri. Janapurkar, learned Advocate submits that, all the First Appeals may be disposed of thereby determining the compensation @ Rs.5250/- per R. Copy of the cited order was offered to learned Advocates appearing for the Appellants - Acquiring Body. Copy of order dated 08.12.2025 is taken on record and marked as Annexure ‘X’ for identification. 4. After going through the contents of the said order dated 08.12.2025, as also after verifying the details of all these First Appeals, learned Advocates appearing for the Acquiring Body fairly agree that these First Appeals could be disposed of in terms of the order dated 08.12.2025 passed by this Court in First Appeal No.2196 of 2021 and connected matters. They, however, submit that, the interest part may be directed to be governed by the law laid down in the Full Bench Judgment of this Court in State of Maharashtra V/s Kailash Shiva Rangari reported in 2016 (4) ALL MR 513. Thus, I do not have any hesitation to dispose of these First Appeals for the reasons recorded above. Hence, I pass the following order. 5 ORDER (A) The First Appeals stand partly allowed. (B) The Judgments and Awards passed by the Reference Courts in the respective Land Acquisition Reference Applications stand maintained holding entitlement of the Claimants herein for compensation @ Rs.5250/- per R applicable for irrigated lands. (C) The interest part shall be governed by the law laid down in Kailash Shiva Rangari (supra). (D) The amount deposited by the Acquiring Body is permitted to be withdrawn by the Claimants after calculating the interest in the light of the law laid down in Kailash Shiva Rangari (supra). (E) Any security offered by the Claimants while seeking disbursement earlier stands discharged. (F) After adjustment of interest, if any excess amount found, be remitted back to the Appellants - Acquiring Body. ( AJIT B. KADETHANKAR, J. ) GGP