The Executive Engineer Seena Kolegaon Project at Paranda… — Land Acquisition | Bombay HC (2026)

The Executive Engineer Seena Kolegaon Project at Paranda… — Land Acquisition | Bombay HC (2026)

What the court decided

AI extract

Outcome

First appeals allowed partly: interest under Sections 28 and 34 of the Land Acquisition Act made payable from the date of the Section 11 award instead of the date of the Section 4 notification, as per the law in State of Maharashtra Vs. Kailas Shiva Rangari (2016(4) All MR 513); impugned Reference Court awards modified to that extent with the rest unaltered; deposits with accrued interest to be disbursed to claimants; delay condoned and civil applications (condonation and stay) disposed of.

Issue for consideration

Whether the delay in preferring the first appeals against the Reference Court judgment and award ought to be condoned (Civil Applications for condonation of delay). +1 more

Court's answer

The delay in preferring the first appeals stands condoned and the Civil Applications for condonation of delay are disposed of.

Ratio / Principle

Interest under Section 28 of the L.A. Act is payable from the date of the award unless possession in pursuance of Section 16 of the Land Acquisition Act is taken; since in none of these appeals was possession under Section 16 taken, interest could not be awarded from the date of the Section 4 notification.

Key takeaways

The respondents/claimants are entitled to receive interest under Sections 28 and 34 of the Land Acquisition Act from the date of the award under Section 11 of the Act, and not from the date of the notification.ratio¶602
Payment of interest in all the appeals shall be as per the law laid down in State of Maharashtra Vs. Kailas Shiva Rangari, 2016(4) All MR 513, the consistent view of which these appeals are squarely covered.ratio¶603

Detailed headnote1 paragraphs

Group of first appeals and civil applications (lead matter: First Appeal No. 4044 of 2023) in which the acquiring authority, the Executive Engineer, Seena Kolegaon Medium Project, Paranda, Osmanabad, challenged the Reference Court awards in land acquisition references for the Seena-Kolegaon Medium Project, the challenge being restricted to the award of interest. Delay in filing the appeals was condoned, the averments being uncontroverted and free of mala fides. The Court held that interest under Section 28 of the Land Acquisition Act is payable from the date of the award under Section 11 unless possession is taken in pursuance of Section 16; since possession under Section 16 was not taken in any of the appeals, the claimants were held entitled to interest under Sections 28 and 34 from the date of the Section 11 award (passed 10.01.2006) and not from the date of the Section 4 notification (issued 24.07.1997). The Court followed the Full Bench ruling in State of Maharashtra Vs. Kailas Shiva Rangari, 2016(4) All MR 513, and the consistent view commencing with that case and State of Maharashtra Vs. Ramesh Tukaram Meshram, 2018(1) ALL MR 645, aligning with the coordinate bench common judgment dated 16.08.2024 in First Appeal No. 1543/2023 and connected appeals from the self-same project. First appeals were allowed partly; the impugned judgment and award stood modified to the stated extent with the remainder unaltered; and amounts deposited in this Court or the Reference Court were directed to be disbursed to the respondents/claimants with accrued interest as per the modifications.

25 to 30, 32, 35 to 66 FA 4044 23.odt

2026:BHC-AUG:5979

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

25 FIRST APPEAL NO. 4044 OF 2023 WITH

FIRST APPEAL NO. 3226 OF 2023 WITH FIRST APPEAL NO. 3181 OF 2023

THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM PROJECT (KRISHNA KHORE) MIW DIVISION

VERSUS

VISHNU SHANKAR DABHADE AND ORS

Advocate for Appellant : Mr. Tambe Rahul A. Advocate for Respondent no. 1 : Mr. Madhav H. Jadhav h/ Mr. More Abhijit S.

AGP for Respondent nos. 2 & 3 : Mr. N.D Raje

WITH

26 FIRST APPEAL NO. 4222 OF 2023 WITH

FIRST APPEAL NO. 4221 OF 2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT DIV. PARANDA

VERSUS

CHINTAMANI ANANT LOMTE AND ORS

Advocate for Appellant : Mrs. Shelke Sunita Dasharat AGP for Respondent nos. 2 & 3 : Mr. S.V. Hange

WITH

27 FIRST APPEAL NO. 4724 OF 2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT DIV. PARANDA

VERSUS

SUNEETA ASHOK KEWADKAR AND ORS

Advocate for Appellant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. S.N.Morampalle

WITH

28 FIRST APPEAL NO. 4742 OF 2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT, PARANDA VERSUS

1/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

MATHURABAI AJINATH GHADGE AND ORS

Advocate for Appellant : Mrs. Shelke Sunita Dasharat AGP for Respondents/State : Mr. N.D. Raje

Advocate for Respondent/Claimants : Mr. Madhav K. Jadhav h/f Mr. A.S.

More

… WITH 29 FIRST APPEAL NO. 4746 OF 2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT PARANDA

VERSUS

VINOD BHAIRAVNATH ZIRAPE AND ORS

Advocate for Appellant : Mrs. Shelke Sunita Dasharat Advocate for Respondent/Claimants : Mr. Madhav K. Jadhav h/f Mr. A.S.

More

AGP for Respondent/State : Mr. S.V. Hange

THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM PROJECT,

PARANDA, OSMANABAD

VERSUS

DATTATRAYA BHANUDAS KASAB

Advocate for Appellant : Mr. Tambe Rahul A Advocate for Respondent/Claimants : Mr. Madhav K. Jadhav h/f Mr. A.S.

More

AGP for Respondent/State : Mr. S.V. Hange

… WITH 32 FIRST APPEAL NO. 1512 OF 2024

WITH

CIVIL APPLICATION NO. 4299 OF 2023

IN FA/1515/2024

WITH

CIVIL APPLICATION NO. 4479 OF 2023

IN FA/1440/2024

WITH

CIVIL APPLICATION NO. 1622 OF 2023

IN FA/1512/2024

WITH

CIVIL APPLICATION NO. 1623 OF 2023 IN FA/1514/2024

2/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

WITH

CIVIL APPLICATION NO. 1626 OF 2023

IN FA/1513/2024

THE EXECUTIVE ENGINEER,SEENA KOLEGAON PROJECT, TQ PARANDA, DIST. OSMANABAD

VERSUS

ANANTRAO CHATRABHUJ DEVAKAR

Advocate for Appellant : Mr. Tambe Rahul A AGP for Respondent/State : Mr. S.V. Hange

WITH 35 CIVIL APPLICATION NO. 1557 OF 2023 IN FAST/4180/2023

WITH

CIVIL APPLICATION NO. 1561 OF 2023 IN FAST/4186/2023

WITH

CIVIL APPLICATION NO. 1553 OF 2023 IN FAST/4173/2023

THE EX. ENGINEER, OSMANABAD MEDUM PROJ. DIV. PARANDA

VERSUS

SANTARAM BABURAO KOKATE AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. S.V. Hange

… WITH 36 CIVIL APPLICATION NO. 1593 OF 2023 IN FAST/4248/2023

WITH

CIVIL APPLICATION NO. 1594 OF 2023

IN FAST/4248/2023

WITH

CIVIL APPLICATION NO. 1596 OF 2023

IN FAST/4252/2023

WITH

CIVIL APPLICATION NO. 1595 OF 2023 IN FAST/4252/2023

THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT OSMANABAD

VERSUS

BALASAHEB SADASHIV PAUL DIED HIS LEGAL LRS

3/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

Advocate for Applicant : Mr. Tambe Rahul A AGP for Respondent/State : Mr. S.N. Morampalle

… WITH 37 CIVIL APPLICATION NO. 1734 OF 2023 IN FAST/4401/2023 WITH

CIVIL APPLICATION NO. 1735 OF 2023 IN FAST/4401/2023

WITH

CIVIL APPLICATION NO. 1736 OF 2023 IN FAST/4406/2023

WITH

CIVIL APPLICATION NO. 1738 OF 2023

IN FAST/4410/2023 WITH

CIVIL APPLICATION NO. 1739 OF 2023 IN FAST/4410/2023 WITH

CIVIL APPLICATION NO. 1737 OF 2023 IN FAST/4406/2023

THE EX. ENGINEER, SINA KOLEGAON PROJAECT, PARANDA

VERSUS

DATTATRAYA NAGNATH SURYAWANSHI AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. N.D. Raje

… WITH 38 CIVIL APPLICATION NO. 1768 OF 2023 IN FAST/4446/2023 WITH

CIVIL APPLICATION NO. 1771 OF 2023

IN FAST/4450/2023

WITH

CIVIL APPLICATION NO. 1770 OF 2023

IN FAST/4450/2023

WITH

CIVIL APPLICATION NO. 1769 OF 2023

IN FAST/4446/2023

WITH

CIVIL APPLICATION NO. 1773 OF 2023

IN FAST/4453/2023 WITH

CIVIL APPLICATION NO. 1774 OF 2023

4/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

IN FAST/4453/2023 WITH

CIVIL APPLICATION NO. 1776 OF 2023 IN FAST/4458/2023 WITH

CIVIL APPLICATION NO. 1775 OF 2023

IN FAST/4458/2023

THE EX. ENGINEER, DEPARTMENT OF SEENA KOLEGAON PROJECT

PARANDA VERSUS

BHALACHANDRA VINAYAK PATIL AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. S.V. Hange

… WITH 39 CIVIL APPLICATION NO. 2063 OF 2023 IN FAST/5210/2023 WITH

CIVIL APPLICATION NO. 2066 OF 2023 IN FAST/5213/2023

THE EX. ENGINEER, SINA KOLEGAON MEDIUM PROJECT PARANDA VERSUS

BHIMRAO ALIAS BHIVRAO TATYABA KOKATE DIED HIS LRS DATTATRAYA AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. S.N. Morampalle

WITH

40 CIVIL APPLICATION NO. 2097 OF 2023 IN FAST/5173/2023

WITH

CIVIL APPLICATION NO. 2099 OF 2023 IN FAST/5190/2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT DIV. PARANDA

VERSUS

GOPAL BHANUDAS LOMTE AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. N.D. Raje

WITH

5/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

41 CIVIL APPLICATION NO. 2110 OF 2023

IN FAST/5279/2023 WITH

CIVIL APPLICATION NO. 2111 OF 2023

IN FAST/5279/2023

THE EX. ENGINEER SINA KOLEGAON MEDIUM PROJECT OFFICER

PARANDA VERSUS

PANDURANG RAMRAO GOLE DIED RAMABAI PANDURANG GOLE AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. S.V. Hange

WITH

42 CIVIL APPLICATION NO. 2122 OF 2023 IN FAST/5340/2023

WITH

CIVIL APPLICATION NO. 2121 OF 2023

IN FAST/5340/2023

WITH

CIVIL APPLICATION NO. 2125 OF 2023

IN FAST/5345/2023

WITH

CIVIL APPLICATION NO. 2124 OF 2023 IN FAST/5345/2023

THE EX. ENGINEER DEPARTMENT OF SEENA KOLEGAON PROJECT,

PARANDA

VERSUS

VACHALABAI JAGNATH GHOGARE DIED THR LRS KRUSHANABAI AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. S.N. Morampalle

… WITH

43 CIVIL APPLICATION NO. 2156 OF 2023 IN FAST/4952/2023

WITH

CIVIL APPLICATION NO. 2167 OF 2023

IN FAST/4957/2023

WITH

CIVIL APPLICATION NO. 2165 OF 2023 IN FAST/4961/2023

6/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

WITH

CIVIL APPLICATION NO. 2162 OF 2023 IN FAST/4964/2023 WITH

CIVIL APPLICATION NO. 2163 OF 2023 IN FAST/4964/2023

WITH

CIVIL APPLICATION NO. 2158 OF 2023 IN FAST/4970/2023

WITH

CIVIL APPLICATION NO. 2159 OF 2023 IN FAST/4970/2023

WITH

CIVIL APPLICATION NO. 2164 OF 2023 IN FAST/4961/2023

WITH

CIVIL APPLICATION NO. 2160 OF 2023 IN FAST/4967/2023

WITH

CIVIL APPLICATION NO. 2157 OF 2023

IN FAST/4952/2023 WITH

CIVIL APPLICATION NO. 2166 OF 2023 IN FAST/4957/2023

WITH

CIVIL APPLICATION NO. 2161 OF 2023 IN FAST/4967/2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT DIV. PARANDA

VERSUS

MAHESH RAMAKANT BHALERAO AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. N.D. Raje

… WITH 44 CIVIL APPLICATION NO. 2168 OF 2023 IN FAST/5301/2023 WITH

CIVIL APPLICATION NO. 2169 OF 2023 IN FAST/5301/2023

WITH

CIVIL APPLICATION NO. 2170 OF 2023

IN FAST/5305/2023

WITH

CIVIL APPLICATION NO. 2171 OF 2023

7/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

IN FAST/5305/2023 WITH

CIVIL APPLICATION NO. 2172 OF 2023 IN FAST/5313/2023

WITH

CIVIL APPLICATION NO. 2175 OF 2023

IN FAST/5317/2023

WITH

CIVIL APPLICATION NO. 2173 OF 2023

IN FAST/5313/2023

WITH

CIVIL APPLICATION NO. 2174 OF 2023 IN FAST/5317/2023

THE EX. ENGINEER, SINA KOLEGAON MEDIUM PROJECT K.K. PARANDA VERSUS

BALASAHEB SADASHIV POL DIED LEGAL HEIRS SURESH ANDORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondents/State : Mr. S.V. Hange

… WITH

45 CIVIL APPLICATION NO. 2623 OF 2023 IN FAST/6650/2023

WITH

CIVIL APPLICATION NO. 2624 OF 2023

IN FAST/6650/2023

WITH

CIVIL APPLICATION NO. 2631 OF 2023

IN FAST/6653/2023

WITH

CIVIL APPLICATION NO. 2627 OF 2023

IN FAST/6656/2023

WITH

CIVIL APPLICATION NO. 2625 OF 2023

IN FAST/6659/2023

WITH

CIVIL APPLICATION NO. 2626 OF 2023

IN FAST/6659/2023

WITH

CIVIL APPLICATION NO. 2630 OF 2023

IN FAST/6653/2023

WITH

CIVIL APPLICATION NO. 2629 OF 2023 IN FAST/6656/2023

8/23

25 to 30, 32, 35 to 66 FA 4044

23.odt

THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM PROJECT, PARANDA, OSMANABAD

VERSUS

SUNDARABAI HARIBHAU PURANIK

Advocate for Applicant : Mr. Tambe Rahul A AGP for Respondent/State : Mr. S.N.Morampalle

… WITH

46 CIVIL APPLICATION NO. 2647 OF 2023 IN FAST/6541/2023

WITH

CIVIL APPLICATION NO. 2643 OF 2023 IN FAST/6638/2023

WITH

CIVIL APPLICATION NO. 2644 OF 2023 IN FAST/6644/2023 WITH

CIVIL APPLICATION NO. 2636 OF 2023 IN FAST/6647/2023

WITH

CIVIL APPLICATION NO. 2634 OF 2023 IN FAST/6538/2023

WITH

CIVIL APPLICATION NO. 2648 OF 2023 IN FAST/6541/2023

WITH

CIVIL APPLICATION NO. 2638 OF 2023 IN FAST/6626/2023

WITH

CIVIL APPLICATION NO. 2639 OF 2023 IN FAST/6626/2023

WITH

CIVIL APPLICATION NO. 2640 OF 2023 IN FAST/6631/2023

WITH

CIVIL APPLICATION NO. 2646 OF 2023 IN FAST/6644/2023 WITH

CIVIL APPLICATION NO. 2635 OF 2023 IN FAST/6538/2023 WITH

CIVIL APPLICATION NO. 2641 OF 2023

IN FAST/6631/2023 WITH

CIVIL APPLICATION NO. 2642 OF 2023

9/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

IN FAST/6638/2023 WITH

CIVIL APPLICATION NO. 2637 OF 2023

IN FAST/6647/2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT, PARANDA VERSUS

MACHINDRA BAPU KASAB AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. N.D. Raje

WITH 47 CIVIL APPLICATION NO. 2658 OF 2023 IN FAST/6748/2023 WITH

CIVIL APPLICATION NO. 2659 OF 2023 IN FAST/6748/2023

THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM PROJECT, PARANDA, OSMANABAD TAL PARANADA DIST O BAD

VERSUS

UMRAO RAMA GOFANE

Advocate for Applicant : Mr. Tambe Rahul A AGP for Respondent/State : Mr. S.V. Hange

WITH

48 CIVIL APPLICATION NO. 2660 OF 2023 IN FAST/6706/2023 WITH

CIVIL APPLICATION NO. 2661 OF 2023 IN FAST/6706/2023

THE EX. ENGINEER, SINA KOLEGAON PROJECT PARANDA VERSUS

PADMIN NARAYAN MADANE AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. S.N.Morampalle

WITH

49 CIVIL APPLICATION NO. 2672 OF 2023 IN FAST/6695/2023

WITH

10/23

25 to 30, 32, 35 to 66 FA 4044

23.odt

CIVIL APPLICATION NO. 2675 OF 2023 IN FAST/6700/2023 WITH

CIVIL APPLICATION NO. 2686 OF 2023

IN FAST/6772/2023 WITH CIVIL APPLICATION NO. 2680 OF 2023

IN FAST/6754/2023 WITH

CIVIL APPLICATION NO. 2682 OF 2023 IN FAST/6759/2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT, PARANDA

VERSUS

NARAYAN BHUJANG BHALERAO DIED THR HIS L.R.S NALINI AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondent/State : Mr. N.D. Raje

Advocate for Respondents/Claimants : Mr. Madhav K. Jadhav h/f Mr. A.S. More

WITH

50 CIVIL APPLICATION NO. 2690 OF 2023 IN FAST/6786/2023 WITH

CIVIL APPLICATION NO. 2691 OF 2023 IN FAST/6786/2023 WITH CIVIL APPLICATION NO. 2692 OF 2023 IN FAST/6825/2023 WITH

CIVIL APPLICATION NO. 2693 OF 2023 IN FAST/6825/2023

THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM PROJECT, PARANDA, OSMANABAD

VERSUS

RAMA GANPATI DEOKAR

Advocate for Applicant : Mr. Tambe Rahul A. AGP for Respondent/State : Mr. S.V. Hange

WITH

51 CIVIL APPLICATION NO. 2798 OF 2023 IN FAST/6920/2023 WITH

11/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

CIVIL APPLICATION NO. 2800 OF 2023

IN FAST/6920/2023

WITH

CIVIL APPLICATION NO. 2802 OF 2023 IN FAST/6924/2023

WITH CIVIL APPLICATION NO. 2804 OF 2023 IN FAST/6924/2023

THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT

VERSUS

NAGNATH GANPATI THAVARE AND OTHERS

Advocate for Applicant : Mr. Tambe Rahul A AGP for Respondent/State Mr. S.N. Morampalle Advocate for Respondent/Claimant : Mr. Madhav K. Jadhav h/f Mr. A.S.

More

… WITH 52 CIVIL APPLICATION NO. 2816 OF 2023 IN FAST/6960/2023 WITH

CIVIL APPLICATION NO. 2819 OF 2023 IN FAST/6963/2023

WITH

CIVIL APPLICATION NO. 2814 OF 2023 IN FAST/6960/2023

WITH

CIVIL APPLICATION NO. 2817 OF 2023 IN FAST/6963/2023

THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT

VERSUS

SURESH DEVCHAND GANDHI AND OTHERS

Advocate for Applicant : Mr. Tambe Rahul A. AGP for Respondent/State : Mr. N.D. Raje

… WITH

53 CIVIL APPLICATION NO. 2872 OF 2023 IN FAST/6985/2023

WITH

CIVIL APPLICATION NO. 2877 OF 2023

IN FAST/7003/2023

WITH

CIVIL APPLICATION NO. 2878 OF 2023

12/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

IN FAST/7008/2023 WITH

CIVIL APPLICATION NO. 2879 OF 2023 IN FAST/7008/2023 WITH

CIVIL APPLICATION NO. 2870 OF 2023 IN FAST/6968/2023 WITH CIVIL APPLICATION NO. 2871 OF 2023 IN FAST/6968/2023 WITH CIVIL APPLICATION NO. 2873 OF 2023 IN FAST/6985/2023 WITH CIVIL APPLICATION NO. 2874 OF 2023 IN FAST/6988/2023 WITH CIVIL APPLICATION NO. 2875 OF 2023 IN FAST/6988/2023 WITH

CIVIL APPLICATION NO. 2880 OF 2023 IN FAST/7014/2023 WITH CIVIL APPLICATION NO. 2881 OF 2023 IN FAST/7014/2023 WITH CIVIL APPLICATION NO. 2876 OF 2023 IN FAST/7003/2023

THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM PROJECT

VERSUS

SUDHIR YASHWANT KULKARNI

Advocate for Applicant : Mr. Tambe Rahul A AGP for Respondent/State : Mr. S.N. Morampalle

… WITH 54 CIVIL APPLICATION NO. 2888 OF 2023 IN FAST/7040/2023 WITH CIVIL APPLICATION NO. 2882 OF 2023 IN FAST/7023/2023

WITH

CIVIL APPLICATION NO. 2883 OF 2023 IN FAST/7023/2023 WITH

13/23

25 to 30, 32, 35 to 66 FA 4044 23.odt

CIVIL APPLICATION NO. 2884 OF 2023

IN FAST/7030/2023 WITH

CIVIL APPLICATION NO. 2887 OF 2023

IN FAST/7035/2023

WITH

CIVIL APPLICATION NO. 2885 OF 2023

IN FAST/7030/2023

WITH

CIVIL APPLICATION NO. 2886 OF 2023

IN FAST/7035/2023

WITH

CIVIL APPLICATION NO. 2889 OF 2023 IN FAST/7040/2023

THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT

VERSUS

GOPINATH ISHWARA MISKIN AND OTHERS

Advocate for Applicant : Mr. Tambe Rahul A AGP for Respondent/State : Mr. N.D. Raje

… WITH

55 CIVIL APPLICATION NO. 2977 OF 2023 IN FAST/7145/2023 WITH

CIVIL APPLICATION NO. 2979 OF 2023 IN FAST/7150/2023

WITH

CIVIL APPLICATION NO. 2978 OF 2023 IN FAST/7145/2023

WITH

CIVIL APPLICATION NO. 2980 OF 2023

IN FAST/7150/2023

WITH

CIVIL APPLICATION NO. 2974 OF 2023

IN FAST/7093/2023

WITH

CIVIL APPLICATION NO. 2973 OF 2023

IN FAST/7093/2023

WITH

CIVIL APPLICATION NO. 2975 OF 2023

IN FAST/7142/2023 WITH

CIVIL APPLICATION NO. 2976 OF 2023

14/23

25 to 30, 32, 35 to 66 FA 4044

23.odt

IN FAST/7142/2023

THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM PROJECT (KRISHNA KHORE) MIW DIVISION

VERSUS

AMBU NARSU KASAB AND OTHERS

Advocate for Applicant : Mr. Tambe Rahul A AGP for Respondents/State : Mr. S.V. Hange

WITH

56 CIVIL APPLICATION NO. 2984 OF 2023 IN FAST/7161/2023 WITH

CIVIL APPLICATION NO. 2981 OF 2023 IN FAST/7155/2023 WITH

CIVIL APPLICATION NO. 2982 OF 2023 IN FAST/7155/2023

WITH

CIVIL APPLICATION NO. 2983 OF 2023 IN FAST/7161/2023

WITH

CIVIL APPLICATION NO. 2985 OF 2023

IN FAST/7169/2023 WITH

CIVIL APPLICATION NO. 2986 OF 2023 IN FAST/7169/2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT DIV. PARANDA

VERSUS

NARAYAN BHANUDAS MANE AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondents/State : Mr. S.N. Morampalle

… WITH 57 CIVIL APPLICATION NO. 3002 OF 2023 IN FAST/7195/2023 WITH

CIVIL APPLICATION NO. 2698 OF 2023 IN FAST/6809/2023

WITH

CIVIL APPLICATION NO. 3006 OF 2023 IN FAST/7218/2023

WITH

15/23

25 to 30, 32, 35 to 66 FA 4044 23.odt

CIVIL APPLICATION NO. 2696 OF 2023 IN FAST/6831/2023

WITH

CIVIL APPLICATION NO. 2700 OF 2023 IN FAST/6805/2023

WITH

CIVIL APPLICATION NO. 3012 OF 2023 IN FAST/7202/2023

THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT

VERSUS

VISHWANTH TATYA HAJARE AND OTHERS

Advocate for Applicant : Mr. Tambe Rahul A. AGP for Respondents/State : Mr. N.D. Raje

WITH

58 CIVIL APPLICATION NO. 3017 OF 2023 IN FAST/7189/2023 WITH

CIVIL APPLICATION NO. 3019 OF 2023 IN FAST/7219/2023

WITH

CIVIL APPLICATION NO. 3018 OF 2023 IN FAST/7189/2023

WITH

CIVIL APPLICATION NO. 3021 OF 2023 IN FAST/7207/2023

WITH

CIVIL APPLICATION NO. 3022 OF 2023 IN FAST/7207/2023

WITH

CIVIL APPLICATION NO. 3020 OF 2023

IN FAST/7219/2023

WITH

CIVIL APPLICATION NO. 3025 OF 2023

IN FAST/7228/2023

WITH

CIVIL APPLICATION NO. 3026 OF 2023

IN FAST/7228/2023

WITH

CIVIL APPLICATION NO. 3024 OF 2023

IN FAST/7193/2023

WITH

CIVIL APPLICATION NO. 3023 OF 2023

16/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

IN FAST/7193/2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT, PARANDA

VERSUS

NAVNATH VISHWANATH HAJARE AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondents: Mr. S.V. Hange

WITH 59 CIVIL APPLICATION NO. 4301 OF 2023 IN FAST/10020/2023

WITH

CIVIL APPLICATION NO. 4300 OF 2023 IN FAST/10020/2023

THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT PARANDA TQ PARANDA DIST OSMANABAD

VERSUS

RAJE DHANAJI LAHURAO GADE

Advocate for Applicant : Mr. Tambe Rahul A. AGP for Respondent/State : Mr. S.N. Morampalle

WITH

60 CIVIL APPLICATION NO. 4474 OF 2023 IN FAST/10841/2023

WITH

CIVIL APPLICATION NO. 4475 OF 2023

IN FAST/10841/2023

THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT PARANDA DIST

OSMANABAD

VERSUS

SHRIDHAR MAHADEO PATIL (THAVARE) AND ORS

Advocate for Applicant : Mr. Tambe Rahul A. AGP for Respondent/State : Mr. N.D. Raje

… WITH

61 CIVIL APPLICATION NO. 4476 OF 2023 IN FAST/10845/2023

WITH

CIVIL APPLICATION NO. 2664 OF 2023

IN FAST/6780/2023

WITH

17/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

CIVIL APPLICATION NO. 2666 OF 2023

IN FAST/6783/2023

WITH

CIVIL APPLICATION NO. 2667 OF 2023

IN FAST/6783/2023

WITH

CIVIL APPLICATION NO. 4477 OF 2023 IN FAST/10845/2023

WITH

CIVIL APPLICATION NO. 2665 OF 2023 IN FAST/6780/2023

THE EXECUTIVE ENGINEERSEENA KOLEGAON PROJECT PARANDA TQ PARANDA DIST OSMANABAD

VERSUS

RAMBHAU MARUTI HAJARE AND ORS

Advocate for Applicant : Mr. Tambe Rahul A. Advocate for Respondent/Claimants : Mr. Madhav K. Jadhav h/f Mr. AS.

More

AGP for Respondent/State : Mr. S.V. Hange

… WITH 62 CIVIL APPLICATION NO. 4480 OF 2023 IN FAST/10912/2023 WITH

CIVIL APPLICATION NO. 4481 OF 2023 IN FAST/10912/2023

THE EXECUTIVE ENGINEER,SEENA KOLEGAON PROJECT, VERSUS

LIMBA WAYKULE - DIED SING DIED THROUGH HIS LEGAL REPRESENTATIVES DHONDIBA LIMBA WAYKULE AND OTHERS.

Advocate for Applicant : Mr. Tambe Rahul A AGP for Respondents/State : Mr. S.N. Morampalle

… WITH

63 CIVIL APPLICATION NO. 7779 OF 2023 IN FAST/18060/2023

WITH

CIVIL APPLICATION NO. 7780 OF 2023 IN FAST/18060/2023

WITH

CIVIL APPLICATION NO. 7782 OF 2023

18/23

23.odt

25 to 30, 32, 35 to 66 FA 4044

IN FAST/18065/2023 WITH

CIVIL APPLICATION NO. 7783 OF 2023 IN FAST/18065/2023

THE EXECUTIVE ENGINEER, SEENA KOLEGOAN MEDIUM PROJECT, AT PARANDA

VERSUS

KESHAV RAMCHANDRA KULKARNI DIED THR L.RS. YAMUNABAI DIED DHANANJAY KESHAV KULKARNI AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat AGP for Respondents: Mr. N.D. Raje

… WITH

64 CIVIL APPLICATION NO. 11068 OF 2023 IN FAST/26177/2023

WITH

CIVIL APPLICATION NO. 11069 OF 2023

IN FAST/26177/2023

WITH

CIVIL APPLICATION NO. 11077 OF 2023 IN FAST/26184/2023

WITH

CIVIL APPLICATION NO. 11072 OF 2023 IN FAST/26187/2023

WITH

CIVIL APPLICATION NO. 11078 OF 2023 IN FAST/26184/2023

WITH

CIVIL APPLICATION NO. 11071 OF 2023

IN FAST/26187/2023

WITH

CIVIL APPLICATION NO. 11075 OF 2023

IN FAST/26180/2023

WITH

CIVIL APPLICATION NO. 11074 OF 2023 IN FAST/26180/2023

THE EX. ENGINEER, SEENA KOLEGAON PROJECT, PARANDA

VERSUS

SATYAWATI SHRIPAD KULKARNI AND ORS

Advocate for Applicant : Mrs. Shelke Sunita Dasharat Advocate for Respondents/Claimant : Mr. Madhav K. Jadhav h/f Mr. A.S.

More

19/23

23.odt

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AGP for Respondent/State : Mr. S.V. Hange

WITH

65 CIVIL APPLICATION NO. 9555 OF 2024 IN FAST/21603/2024

WITH

CIVIL APPLICATION NO. 9559 OF 2024 IN FAST/21845/2024

WITH

CIVIL APPLICATION NO. 9557 OF 2024 IN FAST/21849/2024

THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, PARANDA, DIST. OSMANABAD.

VERSUS

ASHITOSH RAJABHAU JAGTAP AND ORS

Advocate for Applicant : Mr. Tambe Rahul A AGP for Respondent/State : Mr. S. N. Morampalle

… WITH 66 CIVIL APPLICATION NO. 9676 OF 2024 IN FAST/21550/2024 WITH

CIVIL APPLICATION NO. 9678 OF 2024 IN FAST/21554/2024

THE EXECUTIVE ENGINEER SEENA KOLEGAON PROJECT AT PARANDA

DIST OSMANABAD

VERSUS

GAUTAM JAGNNATH DISLE AND ORS

Mr. Rahul A. Tambe and Mrs. Sunita D.Shelke, Advocate for Acquiring Body in respective First Appeals.

Mr. S.N. Morampalle, S.V. Hange and Mr. N.D. Raje, A.G.P. for

Resondent/State in respective First Appeals.

Mr. Madhav K. Jadhav h/f Mr. A.S. More learned counsel for claimants in Sr. Nos. 25, 28, 30, 32, 49, 61, and 64.

... CORAM : SHAILESH P. BRAHME, J. DATE : 05.02.2026

ORDER :

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CIVIL APPLICATIONS FOR CONDONATION OF DELAY

The applicant-Acquiring Body seeks to condone delay in preferring first appeals against the judgment and award passed by the reference Court. The averments in the applications have not been controverted by the respondents. There are no mala fides on the part of the applicant in preferring the appeals belatedly.

The delay stands condoned.

The Civil Applications are disposed of.

ORDER IN FIRST APPEALS AND FIRST APPEAL (STAMP) :

Heard litigating sides finally at the admission stage.

Both sides have agreed to decide this group by common order.

The appellants are the acquiring authorities, who have questioned judgment and award passed by the Reference Court in respective land acquisition references. Their challenge is restricted to award of interest. It is contended that interest has been awarded in violation of law laid down by full bench in State of Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4) All MR 513 , which is being consistently followed. They are relying upon common judgment and ward dated 16.08.2024 passed by coordinate bench in group of appeals (First Appeal no. 1543/2023 and connected appeals) emanating from self same project.

Respondents have contested the submissions of the appellants.

The challenge in these appeals is in respect of award of interest. It is not necessary to narrate rest of the facts for which there is no dispute. Suffice to say that acquisition in question is for Seena-Kolegaon Medium Project. The notification under Section 4 of the Land Acquisition Act was

21/23

25 to 30, 32, 35 to 66 FA 4044 23.odt issued on 24.07.1997. Thereafter award under Section 11 of the Land Acquisition Act was passed on 10.01.2006. In all the matters, the interest under Section 28 of the Land Acquisition Act is awarded from the date of notification issued under Section 4 of the L.A. Act, which is vulnerable.

It is settled legal position that the interest under Section 28 of the L.A. Act is payable from the date of award unless possession in pursuance of Section 16 of the Land Acquisition Act is taken. In none of the appeals, possession under Section 16 of the Act has ben taken. A consistent view is being taken starting from State of Maharashtra Vs. Kailash Shiva Rangari; 2016 (3) Mh.L.J. 457 and State of Maharashtra Vs. Ramesh Tukaram Meshram and another; 2018(1) ALL MR 645 . Relying on these and other judgments, coordinate bench has also rectified the mistake of awarding interest under Section 28 of the L.A. Act, from the date of notification vide common judgment dated 16.08.2024 in First Appeal No. 1543/2023 and connected appeals. Present appeals are squarely covered by the consistent view. I propose to follow the same course. Hence, I pass following order.

ORDER

(i) First Appeals are allowed partly.

(ii) The respondents/claimants are entitled to receive under Section 28 and 34 of the Land Acquisition Act from the date of Award under Section 11 of the Act and not from the date of notification.

(iii) The payment of interest in all appeals shall be as per law laid down in the matter of State of Maharashtra Vs. Kailas Shiva Rangari reported in 2016(4) All MR 513.

(iv) Impugned judgment and award passed by the Reference Court shall stand modified to the extent stated above and rest of the award shall remain unaltered.

(v) The amounts deposited by the appellants in this

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Court or the Reference Court shall be disbursed to the respondents/claimants with accrued interest as per the modifications referred above.

CIVIL APPLICATIONS FOR STAY :

In view of disposal of the first appeals, the Civil Applications are disposed of.

( SHAILESH P. BRAHME )

mkd/-

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