Bombay High Court
Executive Engineer, Osmanabad ... vs Manohar Bapurao Hogale on 5 August, 2021
Bench: R. G. Avachat
First Appeal No.1311/2020 with
connected Appeals
:: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1311 OF 2020 WITH
CIVIL APPLICATION NO.10228 OF 2019
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Navnath Krishna Jamale ... RESPONDENTS
.......
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.3591 OF 2021 IN
FIRST APPEAL NO.1311 OF 2020
Navnath Krishna Jamale ... 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.1314 OF 2020 WITH
CIVIL APPLICATION NO.10234 OF 2019
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Tajoddin Ismail Tamboli & anr. ... RESPONDENTS
.......
Mr. B.R. Surwase, Advocate for appellant No.1
::: Uploaded on - 01/09/2021 ::: Downloaded on - 25/09/2021 07:46:25 :::
First Appeal No.1311/2020 with
connected Appeals
:: 2 ::
Mr. S.S. Dande, A.G.P. for appellants No.2 and 3
Mr. A.B. Kale, Advocate for respondents
.......
WITH
CIVIL APPLICATION NO.3589 OF 2021 IN
FIRST APPEAL NO.1314 OF 2020
Tajoddin Ismail Tamboli & anr. ...APPLICANTS
VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
.......
Mr. A.B. Kale, Advocate for applicants
Mr. S.S. Dande, A.G.P. for appellants No.1 and 2
Mr. B.R. Surwase, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.1315 OF 2020 WITH
CIVIL APPLICATION NO.10232 OF 2019
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Smt. Bhamabai Ravan Dhumal & ors. ... RESPONDENTS
.......
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
CIVIL APPLICATION NO.3590 OF 2021 IN
FIRST APPEAL NO.1315 OF 2020
Smt. Bhamabai Ravan Dhumal & ors. ...APPLICANTS
VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
.......
::: Uploaded on - 01/09/2021 ::: Downloaded on - 25/09/2021 07:46:25 :::
First Appeal No.1311/2020 with
connected Appeals
:: 3 ::
Mr. A.B. Kale, Advocate for applicants
Mr. S.S. Dande, A.G.P. for appellants No.1 and 2
Mr. B.R. Surwase, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.1316 OF 2020 WITH
CIVIL APPLICATION NO.10230 OF 2019
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Namdeo s/o Vithoba Manake & anr. ... RESPONDENTS
.......
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
CIVIL APPLICATION NO.3592 OF 2021 IN
FIRST APPEAL NO.1316 OF 2020
Namdeo s/o Vithoba Manake & anr. ...APPLICANTS
VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
.......
Mr. A.B. Kale, Advocate for applicants
Mr. S.S. Dande, A.G.P. for appellants No.1 and 2
Mr. B.R. Surwase, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.1312 OF 2020 WITH
CIVIL APPLICATION NO.10238 OF 2019
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
::: Uploaded on - 01/09/2021 ::: Downloaded on - 25/09/2021 07:46:25 :::
First Appeal No.1311/2020 with
connected Appeals
:: 4 ::
Manohar s/o Bapurao 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
CIVIL APPLICATION NO.8043 OF 2020 IN
FIRST APPEAL NO.1312 OF 2020
Manohar s/o Bapurao Hogale ...APPLICANT
VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
.......
Mr. A.B. Kale, Advocate for applicant
Mr. S.S. Dande, A.G.P. for appellants No.1 and 2
Mr. B.R. Surwase, Advocate for respondent No.3.
.......
WITH
FIRST APPEAL NO.1313 OF 2020 WITH
CIVIL APPLICATION NO.10236 OF 2019
Executive Engineer, Osmanabad
Minor Irrigation Division & ors. ... APPELLANT
VERSUS
Ambrushi s/o Vithoba Manke & anr. ... RESPONDENTS
.......
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
.......
CORAM : R. G. AVACHAT, J.
DATE : 5th AUGUST, 2021
PER COURT :
::: Uploaded on - 01/09/2021 ::: Downloaded on - 25/09/2021 07:46:25 :::
First Appeal No.1311/2020 with
connected Appeals
:: 5 ::
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 1/11/2004 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 31/3/2006. To that extent, the impugned award
passed by the Reference Court needs to be modified. Hence
the order :
ORDER
(i) Clause 5 of the impugned award dated 22/11/2013 is
modified as under :
Compensation received from LAO in respect of
acquired lands, be deducted from the amount of
enhanced compensation and balance amount be paid
to the claimants along with interest @ 9% p.a. for
the period from 31/3/2006 to 30/3/2007 and 15%
First Appeal No.1311/2020 with
connected Appeals
:: 6 ::
interest for the period from 31/3/2007 to the date of
payment made by the Special Land Acquisition
Officer.
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.
To this extent, the award stands modified. Rest of
the terms of the award to stand unaltered.
(ii) First Appeals are disposed of accordingly.
(iii) The Civil Applications stand disposed of in terms of the
above order.
( R. G. AVACHAT )
JUDGE
fmp/-
