Sharad Dattatraya Deshpande (Died) Thr. Lrs Laxmibai (Died) Thr. Lrs Rajni Deepak Bhumkar and Ors. v. the State of Maharashtra Thr .the Collector, Osmanabad and Ors.
Land acquisition – Compensation – Interest
Case brief
What is this about?
Bombay High Court, Aurangabad Bench; First Appeal No. 429 of 2023 with Civil Application No. 3848 of 2025; decided 08.12.2025 by Shailesh P. Brahme, J. Ex. Engineer, Minor Irrigation Division, Osmanabad (Acquiring Body/Appellant) v. Sharad Dattatraya Deshpande died through LRs Laxmibai died through LRs Rajni and Ors. Point decided: commencement date of interest on land-acquisition compensation corrected from the date of the Section 4 notification (20.08.2004) to the date of the Award (17.04.2006), following the full bench in State v. Kailash Shiva Rangari, 2016 (3) Mh.L.J. 457, and the coordinate bench common order dated 5.08.2021 in FA No. 230/2017. Impugned Reference Court judgment and award dated 03.10.2013 rectified; appeal partly allowed; deposit with accrued interest disbursed to claimants, balance refunded to Acquiring Body.
What did the court decide?
First Appeal allowed partly: date '20.08.2004' in clause 6 of the operative part of the impugned judgment replaced by '17.04.2006'; rest of the judgment and award confirmed and award to be drawn accordingly; amount deposited in this Court with accrued interest to be disbursed to the respondents/claimants; balance amount refunded to the Acquiring Body; pending Civil Application disposed of.