The Executive Engineer Medium Project Division Osmanabad vs… — Land Acquisition | Bombay HC (2026)

The Executive Engineer Medium Project Division Osmanabad vs… — Land Acquisition | Bombay HC (2026)

What the court decided

AI extract

Outcome

First appeals allowed partly: impugned judgments and awards of the Reference Court modified so that interest under Sections 28 and 34 of the Land Acquisition Act runs from the date of award under Section 11 and not from the date of notification, with the rest of each award left unaltered; amounts deposited in this Court or the Reference Court to be disbursed to the respondents/claimants with accrued interest; civil applications for stay disposed of.

Issue for consideration

Whether interest under Sections 28 and 34 of the Land Acquisition Act is payable from the date of award under Section 11 of the Act, or from an earlier date (date of notification / date of possession).

Court's answer

The respondents/claimants are entitled to interest under Sections 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.

Ratio / Principle

In view of the Full Bench decision in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141], interest is payable from the date of award rather than from the date of possession.

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), Shailesh P. Brahme, J. — First Appeals Nos. 1240-1243 of 2026 (with connected Civil Applications Nos. 13667, 13670, 13672 and 13674 of 2025 for stay), The Executive Engineer, Medium Project Division, Osmanabad (acquiring body) v. Dattu Dagdu Pawar and connected claimants. The acquiring body challenged judgments and awards of the Reference Court in distinct land-acquisition reference applications, the predominant ground being the award of interest from a date earlier than the date of award. Following the Full Bench decision in State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141], the Court held that interest under Sections 28 and 34 of the Land Acquisition Act is payable from the date of award under Section 11 of the Act, and not from the date of notification (or possession). First appeals were allowed partly; the impugned judgments and awards stood modified to that extent with the remainder unaltered; amounts deposited in this Court or the Reference Court were directed to be disbursed to the respondents/claimants with accrued interest; and the civil applications for stay were disposed of. Decided 05.05.2026.

1 61-FA.1240-26.odt

2026:BHC-AUG:20269

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

61 FIRST APPEAL NO. 1240 OF 2026

THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION OSMANABAD VERSUS

DATTU DAGDU PAWAR

WITH FIRST APPEAL NO. 1241 OF 2026 WITH FIRST APPEAL NO. 1242 OF 2026 WITH FIRST APPEAL NO. 1243 OF 2026

WITH CIVIL APPLICATION NO. 13674 OF 2025 IN FA/1241/2026 WITH CIVIL APPLICATION NO. 13667 OF 2025 IN FA/1240/2026 WITH CIVIL APPLICATION NO. 13670 OF 2025 IN FA/1243/2026 WITH CIVIL APPLICATION NO. 13672 OF 2025 IN FA/1242/2026

Advocate for Appellants/Applicants in all : Ms. Sunita Dashrathrao Shelke. ...

CORAM : SHAILESH P. BRAHME, J. DATE : 05.05.2026

FINAL ORDER

:-

Taken up for final disposal with the consent of the parties.

The acquiring body is challenging judgments and awards passed by

the Reference Court in distinct reference applications. The predominant ground of challenge is the award of interest by the Reference Court. The reliance is placed on the consistent view being taken by this Court. One such a common order passed on 23.02.2026 is placed on record.

I have gone through the operative part in question awarding interest

under Section 28 of the Land Acquisition Act from the date of possession. In view of judgment laid down by Full Bench in the matter of State of Maharashtra Vs. Kailash Shiva Rangari [2016 AIR (Bom.) 141] , interest is 1/2

2 61-FA.1240-26.odt

payable from the date of award. I, therefore, pass following order :

ORDER

(i) First appeals are allowed partly.

(ii) The respondents/claimants are entitled to receive interest 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. Kailash Shiva Rangari [2016 AIR (Bom.) 141] .

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

(vi) In view of disposal of the first appeals, Civil applications for stay are disposed of accordingly.

(SHAILESH P. BRAHME, J.)

vmk/-

2/2