THE EXECUTIVE ENGINEER, MASALGA MEDIUM PROJECT DIVISION, LATUR UNDER GMIDC AURANGABAD AND ORS v. KERABAI GOVIND SHINDE SINCE DECEASED THR HER LRS SHESHRAO AND ORS
CA/15894/2016 · 2026-09-29
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DailyLaw.ai
[ 2026 DAILYLAW 17184 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17184 (BOM) · dailylaw.ai ]
Judgment text
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Dilwale 1 903-CA-15894-16.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 903 CIVIL APPLICATION NO. 15894 OF 2016 WITH CIVIL APPLICATION NO. 15895 OF 2016 WITH CIVIL APPLICATION NO. 15893 OF 2016 IN FIRST APPEAL (ST) NO.24508 OF 2016 The Executive Engineer, Masalga Medium Project Division, Latur Under Gmidc Aurangabad And Ors VERSUS Kerabai Govind Shinde Since Deceased Thr Her Lrs Sheshrao And Ors ... Advocate for Applicants : Mr. Shinde Bhagwat A. ...
CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 29.09.2026 PER COURT :
ORDER IN CIVIL APPLICATION FOR CONDONATION OF DELAY:
1. Present Civil Application is filed for condonation of delay of 1344 days in filing First Appeal.
2. Considering the averments made in the application, the same is allowed and delay is condoned.
ORDER IN FIRST APPEAL
3. As the acquisition proceeding is of the year 1999, the appeal is being heard finally with the consent of learned counsel for the respective parties.
4. By this appeal, the appellant/acquiring body is aggrieved by the 2026:BHC-AUG:46999
Dilwale 2 903-CA-15894-16.odt
judgment and award dated 29.08.2012 passed by the learned CJSD, Nilanga in LAR No.16/2004, whereby the learned Reference Court enhanced the compensation.
5. The land of the claimants from village Shivani (Kotal) Tal. Nilanga Dist. Latur was acquired for the purpose of Masalga Medium Project. Notification under Section 4 of the Land Acquisition Act, 1894 (for short,
“the Act”) was published on 25.02.1999, award under Section 11 of the Act was passed on 15.03.2001.
6. Learned AGP submits that the compensation granted by the learned Reference Court is slightly more four times the compensation granted by the SLAO.
7. In fact the State Government vide Government Resolution No.Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 3rd November 2016 with Corrigenda dated 23rd February 2017 and 13th August 2018 to the said Government Resolution, took a decision not to challenge the reference, if compensation is enhanced only upto four times.
8. Therefore, I do not find any reason to intervene with the impugned award. Hence, the present Appeal is dismissed.
9. In view of dismissal of the Appeal, pending Civil Applications, if any, do not survive and are disposed of accordingly.
[ SIDDHESHWAR S. THOMBRE, J. ]