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2026 DAILYLAW 17481 (BOM)

THE STATE OF MAHARASHTRA AND ANR v. DATTU MADHAVRAO SHINDE

CA/14807/2011 · 2026-10-06

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Judgment text

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315-CA-14811-11 (+2).odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 315 CIVIL APPLICATION NO. 14811 OF 2011 IN FAST/28129/2011 The State Of Maharashtra And Another VERSUS Satling Kalappa Birajdar (Died) L.Rs. Kamalabai Satling Birajdar And Others WITH CIVIL APPLICATION NO. 14809 OF 2011 IN FAST/28124/2011 The State Of Maharashtra And Another VERSUS Pandurang Bajirao Shinde WITH CIVIL APPLICATION NO. 14807 OF 2011 IN FAST/28067/2011 The State Of Maharashtra And Another VERSUS Dattu Madhavrao Shinde …… Mr. B.A. Shinde, AGP for Applicant-State …… CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 06 OCTOBER, 2026 PER COURT : ORDER IN CIVIL APPLICATION : 1. The present Civil Applications are is filed by the State for condonation of 437 days delay caused in filing the First Appeals. 2. For the reasons stated in the application, the Civil Applications deserves to be allowed. The Civil Applications are allowed. The delay of 437 days caused in preferring the First Appeal stand condoned. ORDER IN FIRST APPEALS : 2026:BHC-AUG:47583 315-CA-14811-11 (+2).odt 2 3. Heard the learned AGP for Applicant-State. 4. By these appeals, the Appellant-State assail the common impugned Judgment and award dated 29.04.2010 passed by the learned Joint Civil Judge, Senior Division, Omerga, in L.A.R. 400/2009, 398/2009 and 444/2009. 5. This Court has already considered the issue of determination of compensation in respect of the same project, namely, Benitura Project, in First Appeal No.2104 of 2010 and connected matters, preferred by the claimants therein, vide order dated 12.08.2026, and has enhanced the compensation in favour of the claimants. 6. In view of the aforesaid subsequent development and the enhancement of compensation granted by this Court in respect of the same project, the present appeals filed by the State do not survive for consideration. Hence, the appeals are dismissed. 7. Civil application, if any, also stands disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE S P Rane