The Executive Engineer, Osmanabad Medium Project Div. Osmanabad and Ors. v. Muktabai Wo Appa Dain
Case brief
What is this about?
Aurangabad Bench; condonation of 2866-day delay in first appeals by acquiring body (Executive Engineer, Osmanabad Medium Project Division); claimants/respondents incl. Maruti Ambu Mastud; reference Court judgment and award dated 13.09.2017; paragraph No.5 on interest held contrary to Full Bench ruling in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141]; appeals partly allowed; interest under Section 28 and 34 from date of award substituted; deposit disbursed with accrued interest; Shailesh P. Brahme, J.; decided 23.01.2026.
What did the court decide?
Delay of 2866 days condoned; first appeals allowed partly; paragraph No.5 of the common impugned judgment and award dated 13.09.2017 replaced with a clause entitling appellants to interest under Section 28 and 34 from the date of award as per State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141], the rest standing unaltered; deposit to be disbursed to respondents/claimants with accrued interest; civil applications for stay disposed.