Bombay High Court
Executive Engineer, Osmanabad ... vs Dashrath Shrirang Kale on 5 August, 2021
Bench: R. G. Avachat
First Appeal No.230/2017 with
connected Appeals
:: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.230 OF 2017
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Dashrath Shrirang Kale ... RESPONDENT
.......
Mr. B.R. Surwase, Advocate for appellant No.1
Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. L.C. Patil, Advocate for respondent
.......
WITH
CIVIL APPLICATION NO.5385 OF 2021 IN
FIRST APPEAL NO.230 OF 2017
Dashrath Shrirang Kale , Died L.Rs.
Indubai Dashrath Kale & ors. ... APPLICANTS
VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
.......
Mr. A.B. Kale, Advocate for applicants
Mr. S.S. Dande, A.G.P. for respondents No.1 and 2
Mr. B.R. Surwase, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.228 OF 2017
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Ashok Goverdhan Jamale & ors. ... RESPONDENTS
.......
Mr. B.R. Surwase, Advocate for appellant No.1
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First Appeal No.230/2017 with
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Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. L.C. Patil, Advocate for respondents
.......
WITH
FIRST APPEAL NO.229 OF 2017
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Dagadu Bhau Dhumal, Died L.R.
Kakasaheb Dagadu Dhumal ... RESPONDENT
.......
Mr. B.R. Surwase, Advocate for appellant No.1
Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. A.B. Kale, Advocate for respondent
.......
WITH
FIRST APPEAL NO.231 OF 2017
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Kisan s/o Tukaram Chavan ... RESPONDENT
.......
Mr. B.R. Surwase, Advocate for appellant No.1
Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. A.B. Kale, Advocate for respondent
.......
WITH
FIRST APPEAL NO.232 OF 2017
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Laxman Sopan Chavan, Died L.Rs.
Ashok Laxman Chavan & ors. ... RESPONDENTS
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First Appeal No.230/2017 with
connected Appeals
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.......
Mr. B.R. Surwase, Advocate for appellant No.1
Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. A.B. Kale, Advocate for respondents
.......
WITH
FIRST APPEAL NO.233 OF 2017
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Shrimant s/o Narayan Chavan ... RESPONDENT
.......
Mr. B.R. Surwase, Advocate for appellant No.1
Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. A.B. Kale, Advocate for respondent
.......
WITH
FIRST APPEAL NO.234 OF 2017
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Manohar Baburao Hogale ... RESPONDENT
.......
Mr. B.R. Surwase, Advocate for appellant No.1
Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. A.B. Kale, Advocate for respondent
.......
WITH
FIRST APPEAL NO.235 OF 2017
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Ramchandra Deorao Kale ... RESPONDENT
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First Appeal No.230/2017 with
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.......
Mr. B.R. Surwase, Advocate for appellant No.1
Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. A.B. Kale, Advocate for respondent
.......
WITH
CIVIL APPLICATION NO.2014 OF 2021 IN
FIRST APPEAL NO.235 OF 2017
Ramchandra Deorao Kale ... APPLICANT
VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
.......
Mr. A.B. Kale, Advocate for applicant
Mr. S.S. Dande, A.G.P. for respondents No.1 and 2
Mr. B.R. Surwase, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.236 OF 2017
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Vinayak Mahadeo Chavan ... RESPONDENT
.......
Mr. B.R. Surwase, Advocate for appellant No.1
Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. A.B. Kale, Advocate for respondent
.......
CORAM : R. G. AVACHAT, J.
DATE : 5th AUGUST, 2021
PER COURT :
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First Appeal No.230/2017 with
connected Appeals
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Heard learned counsel for the parties. The dispute
pertains only to the date from which the interest is to be
awarded. The Reference Court has granted it @ 9% p.a. from
the date 20/8/2004 i.e. on which the Notification under
Section 4 of the Land Acquisition Act was published. The
learned counsel are at one to submit that, in view of the
judgment in the case of State Vs. Kailash Shiva Rangari [2016
(3) Mh.L.J. 457], the interest ought to have been awarded
from the date of award. In the present case, the date of
award is 3/10/2013. To that extent, the impugned award
passed by the Reference Court needs to be modified. Hence
the order :
ORDER
(i) In clause 5 of the impugned award dated 3/10/2013,
the date 20/8/2004 be replaced with 17/4/2006. To that
extent, the award stands modified. Rest of the terms of the
award to stand unaltered.
(ii) The amount in deposit with this Court/ Reference Court
be paid to the claimants in terms of the modified award and
the balance amount be paid back to the acquiring body.
First Appeal No.230/2017 with
connected Appeals
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(iii) First Appeals are disposed of accordingly.
(iv) The Civil Applications stand disposed of in terms of the
above order.
( R. G. AVACHAT )
JUDGE
fmp/-
