Bombay High Court
The Executive Engineer, Minor ... vs Bansi Ganba Kapse (Died) Thr Lrs Sunil ... on 16 August, 2024
2024:BHC-AUG:18558
(1) fa1543.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
906 FIRST APPEAL NO. 1543 OF 2023
THE M.K.V.D.C., THR EX. ENGINEER, SINA KOLEGAON
PROJECT PARANDA AND ORS
....Appellants
VERSUS
BHAGWAN GANGARAM KOLEKAR
.....Respondent
Mr. A. M. Gaikwad, Advocate for the appellants
Mr. A. S. More, Advocate for respondent
AND
911 FIRST APPEAL NO. 4048 OF 2023
AND
FIRST APPEAL NO. 4049 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
.....Appellant
VERSUS
KRISHNA RAMA GHOGARE (DIED)
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellants
Mr. V. S. Undre, Advocate for the respondent
Mrs. A. S. Mantri, AGP for the respondents/State
AND
913 FIRST APPEAL NO. 4053 OF 2023
THE EXECUTIVE ENGINEER, SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
....Appellant
VERSUS
1 of 31
(2) fa1543.23
ARJUN UDDHAV KASAB (SURYAWANSHI)
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellant
Mr. V. S. Undre, Advocate for the respondent
Mr. A. M. Phule, AGP for the respondents/State.
AND
915 FIRST APPEAL NO. 4057 OF 2023
AND
FIRST APPEAL NO. 4058 OF 2023
AND
FIRST APPEAL NO. 4059 OF 2023
THE EXECUTIVE ENGINEER, SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
....Appellant
VERSUS
SIDDHESHWAR GORAKH GHOGARE
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellant
Mr. V. S. Undre, Advocate for the respondent
Mrs. M. L. Sangit, AGP for the respondents/State
AND
917 FIRST APPEAL NO. 4067 OF 2023
AND
FIRST APPEAL NO. 4070 OF 2023
FIRST APPEAL NO. 4071 OF 2023
FIRST APPEAL NO. 4069 OF 2023
FIRST APPEAL NO. 4068 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
....Appellant
VERSUS
2 of 31
(3) fa1543.23
DATTATRAYA UDDHAV KASAB
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellant
Mr. V. S. Undre, Advocate for the respondent
Mr. V. M. Chate, AGP for the respondents/State
AND
918 FIRST APPEAL NO. 4117 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
....Appellant
VERSUS
BABRUWAN DADARAO SURYAWANSHI
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellant
Mr. V. S. Undre, Advocate for the respondent
Mrs. M. L. Sangit, AGP for the respondents/State
AND
919 FIRST APPEAL NO. 4121 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
.....Appellant
VERSUS
ABHIMAN SHAMRAO GHOGARE
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellant
Mr. A. S. More, Advocate for the respondent
Mrs. A. S. Mantri, AGP for the respondents/State
AND
920 FIRST APPEAL NO. 4123 OF 2023
FIRST APPEAL NO. 4124 OF 2023
FIRST APPEAL NO. 4125 OF 2023
3 of 31
(4) fa1543.23
THE EXECUTIVE ENGINEER, DEPARTMENT SEENA KOLEGAON
PROJECT, PARANDA, OSMANABAD
....Appellant
VERSUS
RAMCHANDARA UTTAM GHOGARE
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellant
Mr. V. S. Undre, Advocate for the respondent
Mr. D. B. Bhange, AGP for the respondents/State
AND
922 FIRST APPEAL NO. 4130 OF 2023
FIRST APPEAL NO. 4131 OF 2023
FIRST APPEAL NO. 4132 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
....Appellant
VERSUS
GAHININATH BHAGWAN GHOGARE
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellant
Mr. V. S. Undre, Advocate for the respondent
Mr. G. O. Wattamwar, AGP for the respondents/State
AND
923 FIRST APPEAL NO. 4133 OF 2023
FIRST APPEAL NO. 4134 OF 2023
FIRST APPEAL NO. 4135 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
....Appellant
VERSUS
4 of 31
(5) fa1543.23
SHASHIKANT CHANDRAKANT PATIL
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellant
Mr. V. S. Undre, Advocate for the respondent
Mr. S. K. Shirse, AGP for the respondents/State
AND
924 FIRST APPEAL NO. 4140 OF 2023
FIRST APPEAL NO. 4142 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
.....Appellant
VERSUS
ASHOK RAMCHANDRA GHOGARE
.....Respondent
Mr. M. S. Kulkarni, Advocate for the appellant
Mr. A. S. More, Advocate for the respondent
Mr. S. K. Shirse, AGP for the respondents/State
AND
925 FIRST APPEAL NO. 4255 OF 2023
FIRST APPEAL NO. 4256 OF 2023
FIRST APPEAL NO. 4257 OF 2023
FIRST APPEAL NO. 4258 OF 2023
THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT
....Appellant
VERSUS
ANGAD SOPAN PADULE AND OTHERS
.....Respondents
Mr. R. A. Tambe, Advocate for the appellant
Mr. A. S. More, Advocate for the respondent
Mr. V. M. Chate, AGP for the respondents/State
5 of 31
(6) fa1543.23
AND
926 FIRST APPEAL NO. 4259 OF 2023
FIRST APPEAL NO. 4260 OF 2023
FIRST APPEAL NO. 4261 OF 2023
FIRST APPEAL NO. 4262 OF 2023
THE EX. ENGINEER, SEENA KOLEGAON PROJECT, PARANDA
....Appellant
VERSUS
MAHADEV DATTA DEVAKAR AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mr. M. K. Jadhav Mr. A. S. More, Advocate for the respondent
Mrs. M. L. Sangit, AGP for the respondents/State
AND
927 FIRST APPEAL NO. 4723 OF 2023
THE EX. ENGINEER, SEENA KOLEGAON PROJECT DIV.
PARANDA
....Appellant
VERSUS
KHUSHAL GOVIND JAGTAP DIED THR HIS L.RS. VANMALA
KHUSHAL JAGTAP AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mr. M. K. Jadhav Mr. A. S. More, Advocate for the respondent
Mrs. A. S. Mantri, AGP for the respondents/State
AND
929 FIRST APPEAL NO. 4725 OF 2023
FIRST APPEAL NO. 4726 OF 2023
FIRST APPEAL NO. 4727 OF 2023
FIRST APPEAL NO. 4728 OF 2023
THE EX. ENGINEER, SEENA KOLEGAON PROJECT, PARANDA
6 of 31
(7) fa1543.23
....Appellant
VERSUS
SHRIPAD PURUSHOTTAM BHALERAO AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mr. A. M. Phule, AGP for the respondents/State
AND
930 FIRST APPEAL NO. 4729 OF 2023
FIRST APPEAL NO. 4730 OF 2023
FIRST APPEAL NO. 4731 OF 2023
FIRST APPEAL NO. 4732 OF 2023
THE EX. ENGINEER, SEENA KOLEGAON PROJECT PARANDA
....Appellant
VERSUS
SUHAS HARISHCHANDRA PATIL AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mr. M. K. Jadhav Mr. A. S. More, Advocate for the respondent
Mr. G. O. Wattamwar, AGP for the respondents/State
AND
933 FIRST APPEAL NO. 4743 OF 2023
THE EX. ENGINEER, SEENA KOLEGAON PROJECT PARANDA
....Appellant
VERSUS
KALYAN RAJENDRA GHOGARE AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mr. V. M. Chate, AGP for the respondents/State
7 of 31
(8) fa1543.23
AND
934 FIRST APPEAL NO. 4744 OF 2023
FIRST APPEAL NO. 4745 OF 2023
THE EX. ENGINEER, SEENA KOLEGAON PROJECT PARANDA
....Appellant
VERSUS
EKNATH DNYANOBA MISKIN AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mrs. M. L. Sangit, AGP for the respondents/State
AND
937 FIRST APPEAL NO. 4754 OF 2023
FIRST APPEAL NO. 4755 OF 2023
THE EX. ENGINEER DEPARTMENT OF SINA KOLEGAON
PROJECT PARANDA
....Appellant
VERSUS
MAHADEO DEVIDAS SHINDE AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mr. A. M. Phule, AGP for the respondents/State
AND
938 FIRST APPEAL NO. 4756 OF 2023
FIRST APPEAL NO. 4760 OF 2023
FIRST APPEAL NO. 4759 OF 2023
THE EX. ENGINEER OSMANABAD MEDIUM PROJ. DIV.
PARANDA
....Appellant
VERSUS
8 of 31
(9) fa1543.23
MADHUKAR SADASHIV KOKATE AND ANR
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mr. G. O. Wattamwar, AGP for the respondents/State
AND
939 FIRST APPEAL NO. 4762 OF 2023
FIRST APPEAL NO. 4761 OF 2023
THE EX. ENGINEER DEPARTMENT OF SEENA KOLEGAON
PROJECT, PARANDA
....Appellant
VERSUS
SATISH RAOSAHEB GHOGARE AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mrs. M. L. Sangit, AGP for the respondents/State
AND
941 FIRST APPEAL NO. 4773 OF 2023
THE EX. ENGINEER SEENA KOLEGAON PROJECT PARANDA
.....Appellant
VERSUS
SUBRAO MOHANRAO PATIL DIED THR LRS AVDHUT SUBRAO
PATIL AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mr. V. M. Chate, AGP for the respondents/State
AND
955 FIRST APPEAL NO. 560 OF 2024
FIRST APPEAL NO. 561 OF 2024
9 of 31
(10) fa1543.23
FIRST APPEAL NO. 562 OF 2024
THE EXECUTIVE ENGINEER SEENA KOLEGAON MEDIUM
PROJECT - KRISHNA KHORE - M I AND P T DIVISION
....Appellant
VERSUS
DADASAHEB VITTHAL SALUNKE AND OTHERS
.....Respondents
Mr. D. R. Jethaliya, Advocate for the appellant
Mr. S. K. Shirse, Advocate for the respondent
AND
956 FIRST APPEAL NO. 564 OF 2024
FIRST APPEAL NO. 565 OF 2024
FIRST APPEAL NO. 566 OF 2024
THE EXECUTIVE ENGINEER SEENA KOLEGAON PARANDA
....Appellant
VERSUS
BALWANT BHAIRU PATIL OTHERS
.....Respondents
Mr. D. R. Jethaliya, Advocate for the appellant
Mr. S. K. Shirse, AGP for the respondents/State
AND
958 FIRST APPEAL NO. 1396 OF 2024
FIRST APPEAL NO. 1397 OF 2024
THE M.K.V.D.C., THR EX. ENGINEER, SINA KOLEGAON
PROJECT PARANDA AND ORS
....Appellants
VERSUS
KESHAV RAMCHANDRA KULKARNI (DIED) THR LRS
YAMUNABAI (DIED) THR LRS DHANANJAY AND ORS
10 of 31
(11) fa1543.23
.....Respondents
Mr. A. M. Gaikwad, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
Mr. S. K. Shirse, AGP for the respondents/State
AND
960 FIRST APPEAL NO. 1399 OF 2024
THE M.K.V.D.C., THR EX. ENGINEER, SINA KOLEGAON
PROJECT AND ORS
....Appellants
VERSUS
BHAGWAN DATTA DEVAKAR
.....Respondent
Mr. A. M. Gaikwad, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
AND
961 FIRST APPEAL NO. 1401 OF 2024
FIRST APPEAL NO. 1402 OF 2024
FIRST APPEAL NO. 1403 OF 2024
THE M.K.V.D.C., THR EX. ENGINEER, SINA KOLEGAON
PROJECT PARANDA AND ORS
....Appellants
VERSUS
KERBA NIVRATTI KASAB
.....Respondent
Mr. A. M. Gaikwad, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
AND
962 FIRST APPEAL NO. 1405 OF 2024
11 of 31
(12) fa1543.23
THE M.K.V.D.C., THR EX. ENGINEER, SINA KOLEGAON
PROJECT, PARANDA AND ORS
....Appellant
VERSUS
AGINATH GOPAL THAVARE AND ORS
.....Respondents
Mr. A. M. Gaikwad, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
AND
963 FIRST APPEAL NO. 1406 OF 2024
FIRST APPEAL NO. 1407 OF 2024
FIRST APPEAL NO. 1408 OF 2024
FIRST APPEAL NO. 1409 OF 2024
THE M.K.V.D.C., THR EX. ENGINEER, SINA KOLEGAON
PROJECT, PARANDA AND ORS
....Appellant
VERSUS
SAKHARBAI KASTURCHAND SHINGAVI AND ORS
.....Respondents
Mr. A. M. Gaikwad, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
AND
964 FIRST APPEAL NO. 1410 OF 2024
THE M.K.V.D.C., THR EX. ENGINEER, SINA KOLEGAON
PROJECT PARANDA AND ORS
....Appellants
VERSUS
EKNATH GANPATI THAVARE (DIED) THR LRS ANJANA AND
ORS
.....Respondents
12 of 31
(13) fa1543.23
Mr. A. M. Gaikwad, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
AND
968 FIRST APPEAL NO. 1414 OF 2024
FIRST APPEAL NO. 1415 OF 2024
THE M.K.V.D.C., THR EX. ENGINEER, SINA KOLEGAON
PROJECT PARANDA AND ORS
....Appellants
VERSUS
SIDDHESHWAR SHAMBHU PADOLE AND ORS
.....Respondents
Mr. A. M. Gaikwad, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
AND
971 FIRST APPEAL NO. 1422 OF 2024
FIRST APPEAL NO. 1423 OF 2024
FIRST APPEAL NO. 1424 OF 2024
THE M.K.V.D.THR EX. ENGINEER, SINA KOLEGAON PROJECT
PARANDA AND ORS
....Appellants
VERSUS
TUKARAM PARMESHWAR THAWARE AND ORS
.....Respondents
Mr. A. M. Gaikwad, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
AND
973 FIRST APPEAL NO. 1434 OF 2024
FIRST APPEAL NO. 1437 OF 2024
13 of 31
(14) fa1543.23
FIRST APPEAL NO. 1435 OF 2024
THE M.K.V.D.C., THR EXECUTIVE ENGINEER, SINA KOLEGAON
PRO., OSMANABAD AND OTHERS
.....Appellants
VERSUS
MAHADEO VITHOBA KASAB
.....Respondent
Mr. A. M. Gaikwad, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
AND
931 FIRST APPEAL NO. 4735 OF 2023
FIRST APPEAL NO. 4736 OF 2023
THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT
....Appellant
VERSUS
KALIDAS NARAYAN PANDHARE AND OTHERS
.....Respondents
Mr. R. A. Tambe, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
Mr. D. B. Bhange, AGP for the respondents/State
AND
935 FIRST APPEAL NO. 4747 OF 2023
FIRST APPEAL NO. 4749 OF 2023
FIRST APPEAL NO. 4750 OF 2023
FIRST APPEAL NO. 4751 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM
PROJECT, PARANDA, OSMANABAD
....Appellant
VERSUS
DADA DATU KASAB
14 of 31
(15) fa1543.23
.....Respondent
Mr. R. A. Tambe, Advocate for the appellant
Mr. A. S. More, Advocate for respondent s
Mrs. A. S. Mantri, AGP for the respondents/State
AND
936 FIRST APPEAL NO. 4752 OF 2023
FIRST APPEAL NO. 4753 OF 2023
THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT
....Appellant
VERSUS
HARIDAS LAHU TAKALE AND OTHERS
.....Respondents
Mr. R. A. Tambe, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
Mr. D. B. Bhange, AGP for the respondents/State
AND
940 FIRST APPEAL NO. 4763 OF 2023
FIRST APPEAL NO. 4764 OF 2023
FIRST APPEAL NO. 4765 OF 2023
FIRST APPEAL NO. 4766 OF 2023
FIRST APPEAL NO. 4767 OF 2023
FIRST APPEAL NO. 4768 OF 2023
FIRST APPEAL NO. 4769 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON PROJECT,
DIVISION PARANDA,TQ PARANDA DIST OSMANABAD
....Appellant
VERSUS
NULAJI MANIK GADHAVE DIED THRO LRS
.....Respondents
15 of 31
(16) fa1543.23
Mr. R. A. Tambe, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
Mr. S. K. Shirse, AGP for the respondents/State
AND
942 FIRST APPEAL NO. 4776 OF 2023
FIRST APPEAL NO. 4775 OF 2023
FIRST APPEAL NO. 4777 OF 2023
FIRST APPEAL NO. 4778 OF 2023
FIRST APPEAL NO. 4779 OF 2023
FIRST APPEAL NO. 4780 OF 2023
THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT
.....Appellant
VERSUS
ABHIMAN EKNATH PADULE AND OTHERS
.....Respondents
Mr. R. A. Tambe, Advocate for the appellant
Mr. A. S. More, Advocate and Mr. M. K. Jadhav, Advocate for
respondent
Mrs. M. L. Sangit, AGP for the respondents/State
AND
949 FIRST APPEAL NO. 505 OF 2024
FIRST APPEAL NO. 501 OF 2024
FIRST APPEAL NO. 502 OF 2024
FIRST APPEAL NO. 503 OF 2024
FIRST APPEAL NO. 504 OF 2024
THE EXECUTIVE ENGINEER SEENA KOLEGAON MEDUM
PROJECT OSMANABAD
....Appellant
VERSUS
16 of 31
(17) fa1543.23
DATTATRAYA VENKATESH BHALERAO AND OTHERS
.....Respondents
Mr. D. R. Jethliya, Advocate for the appellant
Mr. A. S. More, Advocate for the respondent
Mr. V. M. Chate, AGP for the respondents/State
AND
93 FIRST APPEAL NO. 4220 OF 2023
FIRST APPEAL NO. 4219 OF 2023
THE EXECUTIVE ENGINEER,SEENA KOLEGAON PROJECT, TQ
PARANDA, DIST OSMANABAD
....Appellant
VERSUS
SANTARAM DEVIDAS THAVARE
.....Respondent
Mr. R. A. Tambe, Advocate for the appellant
Mr. A. S. More, Advocate for respondent
Mr. S. K. Shirse, AGP for the respondents/State
RESERVED ON : 03rd JULY, 2024
AND
905 FIRST APPEAL NO. 1441 OF 2024
FIRST APPEAL NO. 1442 OF 2024
CIVIL APPLICATION NO. 7423 OF 2022
IN FA/1442/2024
CIVIL APPLICATION NO. 7425 OF 2022
IN FA/1441/2024
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,
USMANABAD THR G.M.I.D.C, AURANGABAD
17 of 31
(18) fa1543.23
....Appellant
VERSUS
JAGANNATH GANPATI MITKARI AND ANR
.....Respondents
Mr. S. G. Bhalerao, Advocate for the appellant
Mr. R. V. Naiknavare, Advocate for the respondent
Mrs. M. L. Sangit, AGP for the respondents/State
AND
906 FIRST APPEAL NO. 1443 OF 2024
FIRST APPEAL NO. 1444 OF 2024
FIRST APPEAL NO. 1481 OF 2024
FIRST APPEAL NO. 1446 OF 2024
FIRST APPEAL NO. 1447 OF 2024
FIRST APPEAL NO. 1445 OF 2024
CIVIL APPLICATION NO. 7079 OF 2022
IN FA/1444/2024
CIVIL APPLICATION NO. 7081 OF 2022
IN FA/1446/2024
CIVIL APPLICATION NO. 7089 OF 2022
IN FA/1447/2024
CIVIL APPLICATION NO. 7091 OF 2022
IN FA/1443/2024
CIVIL APPLICATION NO. 7083 OF 2022
IN FA/1445/2024
CIVIL APPLICATION NO. 7084 OF 2022
IN FAST/9253/2020
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,
USMANABAD THR G.M.I.D.C, AURANGABAD
....Appellant
VERSUS
18 of 31
(19) fa1543.23
SHIVRAM SITARAM PATOLE AND ORS
.....Respondents
Mr. S. G. Bhalerao, Advocate for the appellant
Mr. N. J. Patil, Advocate for the respondent
Mrs. A. S. Mantri, AGP for the respondents/State
AND
907 FIRST APPEAL NO. 1459 OF 2024
FIRST APPEAL NO. 1462 OF 2024
FIRST APPEAL NO. 1461 OF 2024
FIRST APPEAL NO. 1460 OF 2024
FIRST APPEAL NO. 1463 OF 2024
CIVIL APPLICATION NO. 7541 OF 2022
IN FA/1458/2024
CIVIL APPLICATION NO. 7547 OF 2022
IN FA/1462/2024
CIVIL APPLICATION NO. 7545 OF 2022
IN FA/1459/2024
CIVIL APPLICATION NO. 7543 OF 2022
IN FA/1461/2024
CIVIL APPLICATION NO. 7549 OF 2022
IN FA/1460/2024
CIVIL APPLICATION NO. 7551 OF 2022
IN FA/1463/2024
THE EX. ENGINEER, MINOR IRRIGATION DIVISION,
OSMANABD THR G.M.I.D.C., AURANGABAD
....Appellant
VERSUS
NAVNATH NARHARI RITE AND ORS
.....Respondents
Mr. S. B. Bhalerao, Advocate for the appellant
19 of 31
(20) fa1543.23
Mr. D. B. Bhange, AGP for the respondents/State
AND
908 FIRST APPEAL NO. 1465 OF 2024
FIRST APPEAL NO. 1464 OF 2024
FIRST APPEAL NO. 1469 OF 2024
FIRST APPEAL NO. 1468 OF 2024
FIRST APPEAL NO. 1466 OF 2024
FIRST APPEAL NO. 1467 OF 2024
CIVIL APPLICATION NO. 7214 OF 2022
IN FA/1464/2024
CIVIL APPLICATION NO. 7220 OF 2022
IN FA/1469/2024
CIVIL APPLICATION NO. 7218 OF 2022
IN FA/1465/2024
CIVIL APPLICATION NO. 7216 OF 2022
IN FA/1468/2024
CIVIL APPLICATION NO. 7224 OF 2022
IN FA/1466/2024
CIVIL APPLICATION NO. 7222 OF 2022
IN FA/1467/2024
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,
USMANABAD THR G.M.I.D.C., AURANGABAD
....Appellant
VERSUS
JAMWANTIBAI VENKAT KAPSE (DIED) THR LRS VISHWAS
VENKAT KAPSE AND ORS
.....Respondents
Mr. S. G. Bhalerao, Advocate for the appellant
Mr. N. J. Patil, Advocate for the respondent
Mr. A. M. Phule, AGP for the respondents/State
20 of 31
(21) fa1543.23
RESERVED ON : 05th JULY, 2024
AND
19 FIRST APPEAL NO. 4733 OF 2023
FIRST APPEAL NO. 4734 OF 2023
THE EX. ENGINEER, SEENA KOLEGAON PROJECT, PARANDA
....Appellant
VERSUS
SADASHIV KERA HAJARE AND ORS
.....Respondents
Mrs. S. D. Shelke, Advocate for the appellant
Mr. A. S. More, Advocate and Mr. R. V. Naiknavare, Advocate for
the respondent
Mrs. M. L. Sangit, AGP for the respondents/State
CORAM : KISHORE C. SANT, J.
RESERVED ON : 08th JULY, 2024
PRONOUNCED ON : 16th AUGUST, 2024
JUDGMENT
1. Since common questions are involved in all these
appeals, these are taken together and are being disposed off by
common judgment. The first question is as to which is a material
date for grant of interest under Section 28 of the Land
Acquisition Act. Whether it is to be granted from the date of
taking of possession of the lands of claimants, if possession is
21 of 31
(22) fa1543.23
taken prior to notification under section 4(1) of the Act, or it is
to be granted from the date of award or any other date. Second
question is that whether the judgment in the case of State of
Maharashtra Vs Kailash Shiva Rangari reported in 2016 (3)
Mh.L.J. 457 and followed in the case of State of Maharashtra Vs
Ramesh Tukaram Meshram and another reported in 2018 (1)
ALL MR 645 is applicable in these case.
2. In all these appeals the learned reference court has
granted interest to the claimants on the amount of
compensation from the date of actual taking of possession of
lands. Possession of land in all these cases is taken prior to
notification under Section 4(1) of the Act. These appeals are
thus, filed for limited purpose challenging award of interest
from the date of possession and not from the date of award. It is
the submission of the learned advocate for acquiring body that
this case is clearly covered by the judgment in the case of
Kailash Shiva Rangari (supra) and Ramesh Tukaram Meshram
(supra) this position is disputed by the claimants.
22 of 31
(23) fa1543.23
3. It is the submission of the claimants that the said
judgments are not applicable to the present cases. The judgment
in the case of Kailash Shiva Rangari (Supra) is given considering
judgment of the Hon'ble Supreme Court in the case of R. L. Jain
(D) by LRs Vs V. D. D. A. and others reported in AIR 2004 SC
1904. Both the judgments deal with the aspect of grant of
interest under Section 34 of the Act and not in respect of section
28 of the Act. The judgment in the case of Ramesh Tukaram
Meshram (supra) is not in tune with the judgment in the case of
Kailash Shiva Rangari (supra) and R. L. Jain (D) by LRs
(supra). The claimants therefore, support the impugned
judgments.
4. Heard the parties for quite some time.
5. For understanding the exact dispute few facts are
taken from the lead matter i.e. first appeal No. 1543/2023. In
this case, the facts in short are that, the respondent-claimant
23 of 31
(24) fa1543.23
was the owner of various lands acquired for Sina Kolegaon
project situated at Kaudgaon, Tq. Paranda, Dist. Osmanabad.
6. For the purpose of acquisition notification under
Section 4(1) of the Act was published in the Government
Gazette on 24-07-1997. Declaration under Section 6 was
published in the Gazette dated 18-03-1999. The claimants
received notice under Section 12(2) of the Act on 18-08-2006.
Before publishing of the notifications under Section 4 of the Act,
the possession of the land was already taken. The reference
court directed to pay interest under Section 28 of the Act from
the date of publication of notice under Section 4(1) i.e. from 24-
07-1997. Since other facts and rate of lands are not in dispute,
this court need not go into further details. The appellant
acquiring body filed appeal only to the extent that the interest is
directed to be paid from the date of possession instead of
granting the same from the date of award.
7. Mr. A. M. Gaikwad, learned advocate for the
24 of 31
(25) fa1543.23
appellant in a lead case, argued at length. He submits that the
learned reference court could not have granted interest from the
date of taking possession of the land, on the strength of the
judgment in the case of R. L. Jain (Supra), Kailash Shiva
Rangari (supra) and Ramesh Tukaram Meshram (supra).
8. He submits that as per the scheme of the act
notification under section 4(1) only shows that the government
is intending to acquire the land. Section 5 of the Act authorizes
the authorities to inspect the land by visiting the lands likely to
be acquired and objections are called under Section 5(1-a).
Section 6 is a declaration that the lands are required by the
Government for the purposes under the Act. Section 9 is only a
notice to the persons interested. Section 11 provides the powers
of the Collector to pass an award. It is section 12 which gives
finality to the award. It is only after award is passed the
authorities can take possession of the land under Section 16. It
is only a possession taken under Section 16 that passes the title
of the land in favour of the government/acquiring body. Till that
25 of 31
(26) fa1543.23
date title is with the owner of the land /claimants. It is only in
exceptional circumstances under Section 17 the Government can
take possession by invoking emergency clause, where
considerations for grant of compensation are distinct. Thus, for
the purpose of grant of interest, it is the date of possession,
when possession is taken under Section 16 of the Act is the
material date. Thus, the claimant himself is owner of the land
till that date. This argument is adopted by all the lawyers for the
appellants.
9. Mr. Mulkul Kulkarni, learned Advocate adopts
argument of Mr. A. M. Gaikwad. In addition he submits that
purpose of notification under Section 4(1) is only to give the
point at which market value is to be determined. This
notification does not take away title of the owner over the land.
If possession is taken prior to this event owner is entitled only to
get rental compensation or damages. This submission is made in
view of the judgment which are already stated above. In
addition he relied upon the judgment in the case of
26 of 31
(27) fa1543.23
Gurpreetsingh Vs Union of India reported in 2006 AIR (SCW)
5813.
10. Respective AGPs support arguments of the
appellants.
11. To counter this argument learned advocate Abhijit
Chaudhary for the claimants submits that the judgment in the
case of Kailash Shiva Rangari (supra) deals only with the aspect
of grant of interest under Section 34 of the Act. The analogy in
the judgment of Kailash Shiva Rangari (Supra) is wrongly
applied in the case of Ramesh Tukaram Meshram (supra). In the
case of Ramesh Tukaram Meshram (supra) question was of grant
of interest under Section 28. He further submits that at any rate
that judgment would not be applicable while considering
question of grant of interest under Section 23(1-A) and section
28. The starting point is only dispossession of owner from the
land even if it is prior to notification under Section 4(1). He
relied upon the judgment reported in 2011 11 page 648 in the
27 of 31
(28) fa1543.23
case of Revenue Divisional Officer, Karnool District Vs M.
Ramkrishna Reddy. In any case, he submits that interest needs
to be granted at the most from the date of publication of section
4(1) notification. He also relied upon the judgment reported in
AIR 2021 SC 4962 in the case of Shankarrao Bhagwantrao Patil
Etc. Vs State of Maharashtra. His main submission is that grant
of interest under Section 34 is different from section 28 and
Section 23(1A). He lastly relied upon the judgment reported in
Manu/MH/0733/2012 in the case of Lalitkumar Shah Vs State
of Maharashtra. He ultimately submits that the appeal needs to
be dismissed. The learned advocate for the claimants in other
appeals adopted his arguments.
12. Thus, on hearing the arguments, this court needs to
consider whether reference courts in these cases have rightly
granted interest from the date of possession in the present case
in the light of the judgment of the full bench in the case of
Kailash Shiva Rangari (supra) followed in the judgment of
Ramesh Meshram (supra) on grant of interest under Section 28
28 of 31
(29) fa1543.23
and 34 of the Act.
13. In view of the judgment in the case of Kailash
Rangari (supra) it is clear that section 34 interest is to be
awarded only from the date of award under Section 11 or from
the date of possession, if said possession is taken in the manner
provided by the act i.e. under section 16. This court is not
considering possession taken under Section 17 of the Act. In the
present case, the possession is taken prior to notification under
Section 4(1). Though the possession is taken prior to such
notification, it cannot be taken to be a starting point for grant of
interest under Section 34.
14. So far as Section 28 interest is concerned, this court
in the case of Ram has clearly held that the interest is payable
even under this section from the date of award and if the
possession is taken pursuant to section 16 of the Act then from
the date of possession whichever is earlier. No case is made out
to take a different view than taken in the case of Ramesh
29 of 31
(30) fa1543.23
Meshram (supra).
15. So far as interest under Section 23(1A) is concerned
the Hon'ble Supreme Court in the case of Siddappa Visappa Kuri
and Anr Vs Special Land Acquisition Officer and another
reported in 2002(1)ALL MR 262 (SC) has clearly held that the
starting point is only section 4(1) till the date of award under
Section 11.
16. Thus, considering all above, this court finds that in
the present case, the learned reference courts have erred in
directing payment of interest from the date of actual possession
or from the date of section 4(1) notification. Said needs to be
modified by directing to pay interest under Section 28 and 34
from the date of award under Section 11. So far as interest
under Section 23(1A) is concerned, there is no error committed
by the learned trial court.
17. All the appeals are thus stand disposed off in above
terms.
30 of 31
(31) fa1543.23
18. In view of disposal of the appeals, pending civil
applications, if any do not survive and are disposed off.
[KISHORE C. SANT, J.]
VishalK/fa1543.23
31 of 31
