Bombay High Court

HARIKISHAN NAGNATH SHINDE DECEASED THROUGH HIS LRS MEENABAI AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court partially allowed the first appeals, modified the compensation rates, confirmed the rest of the award, and barred claimants from statutory benefits and interest, while condoning the delay and setting aside the abatement order.

Summary

The High Court of Bombay, Aurangabad Bench, entertained applications seeking restoration of two first appeals dismissed for want of prosecution and an application to set aside an abatement order affecting the legal heirs of the deceased appellant. The court condoned the delay in filing the restoration applications, allowing the appeals to be reinstated but barred the claimants from claiming statutory benefits and interest from the date of dismissal (17‑01‑2018) to the order date (28‑09‑2026). It also allowed the application to set aside the abatement order, permitting amendment of the parties. Relying on an earlier order (First Appeal No.57 of 2005) that decided the same controversy, the court modified the compensation awarded for the acquired land to Rs.2,888 per R for irrigated land and Rs.1,444 per R for dry land, while confirming the remainder of the original award. The court directed payment of the enhanced compensation after adjusting any amounts already paid and ordered payment of the deficit court fee.

Issues considered

Whether the delay in filing applications for restoration of the first appeals can be condoned.
Whether the abatement order affecting the legal heirs can be set aside.
Whether the present appeal should be decided in accordance with the earlier order in First Appeal No.57 of 2005.
Determination of the appropriate compensation rates for irrigated and dry land under the land acquisition.
Whether the claimants are entitled to statutory benefits and interest from the date of dismissal of the first appeals.

Subjects

land acquisition
compensation
delay condonation
restoration of appeal
statutory benefits
interest
abatement order
High Court

Judgment

2026:BHC-AUG:46205
17-CA-11282-2026.odt
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

17 CIVIL APPLICATION NO. 11282 OF 2026 IN FA/58/2005

Harikishan Nagnath Shinde (Deceased)
Through His L.Rs. Meenabai And Others.
VERSUS
The State Of Maharashtra, Through The Collector, Latur And Another.

WITH
CIVIL APPLICATION NO. 11283 OF 2026 IN FA/58/2005
Harikishan Nagnath Shinde (Deceased)
Through His L.Rs. Meenabai And Others
VERSUS
The State Of Maharashtra, Through The Collector, Latur And Another
……

18 CIVIL APPLICATION NO. 11284 OF 2026 IN FA/59/2005

Monohar Nagnath Shinde.
VERSUS
The State Of Maharashtra,
Through The Collector, Latur And Another

……
Mr. Kalyan V. Patil, Advocate for the Appellant-Claimant
Mr. B.A. Shinde, AGP for Respondent-State in FA/58/2005
Mr. S.S. Dande, AGP for Respondent-State in FA/59/2005
……

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28 SEPTEMBER, 2026
PER COURT :

ORDER IN CA/11282/2026 IN FA/58/2005 & CA/11284/2026 IN FA/59/2005 :

1. Present Civil Applications are filed for restoration of the respective

First Appeals by condoning delay.

2. The learned counsel for the applicants submits that the First Appeals
17-CA-11282-2026.odt
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were dismissed for want of prosecution as the counsel of appellants could

not attend the Court due to health problem.

3. Considering the averments made in the applications, the same are

allowed, appeals are restored and delay is condoned subject to condition

that the claimants shall not be entitled to statutory benefits and interest

from the date of dismissal i.e. 17.01.2018 of respective First Appeals till this

date i.e. 28.09.2026.

ORDER IN CIVIL APPLICATION NO.11283/2026 IN FA/58/2005 :

4. The present Civil Application is filed for bringing legal heirs of

deceased appellant by condoning delay of 3008 days by setting aside the

abatement order, if any.

5. Considering the averments made in the application, the same is

allowed in terms of prayer clauses (B), (C) and (D). Amendment to be

carried out accordingly.

ORDER IN FA/58/2005 AND FA/59/2005 :

6. Heard the learned counsel for the respective parties.

7. The present appeals arise out of the common impugned Judgment

and Award dated04.10.2004 passed by the learned Joint Civil Judge, Senior

Division, Nilanga, in Land Acquisition References No.877 of 1998 and 879 of

1998 and other connected LARs.
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3. The learned counsel for the appellant has tendered across the Bar a

copy of the order dated 04.08.2026 passed by this Court in First Appeal

No.57 of 2005 and connected matters. He submits that the land of the

appellant was acquired from the same village, i.e. Masalga, for the same

public purpose, namely, Masalga Medium Project, under the very same

notification and pursuant to the same Judgment and Award as involved in

the said appeals. It is, therefore, contended that the controversy involved in

the present appeal is squarely covered by the said order, and consequently,

the present appeal deserves to be disposed of in terms thereof.

4. The learned AGPs appearing for respondent-State in respective First

Appeals fairly concede the aforesaid position.

5. Having considered the submissions advanced by the learned counsel

for the respective parties, and in view of the admitted position that the

controversy involved in the present appeal is identical to the one decided by

this Court vide order dated 04.08.2026 passed in First Appeal No.57 of 2005

and connected matters, I see no reason to take a different view. The present

appeal, therefore, deserves to be disposed of in terms of the said judgment

and order. Hence, the following order:

ORDER

(i) The First Appeal Nos.58 and 59 of 2005 are partly allowed.
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(ii) The claimants are entitled to compensation at the rate of Rs.2,888/-

per R for irrigated land and Rs.1,444/- per R for dry land, as per the

categorization made by the learned Reference Court. To that extent, the

impugned Judgment and Award stands modified.

(iii) Rest of the award passed by the learned Reference Court stands

confirmed.

(iv) Modified award be drawn accordingly.

(v) Deficit Court fee be paid.

(vi) The amount of enhanced compensation shall be paid after adjusting

the amount already paid to the claimants, if any.

(vii) The claimants shall not be entitled to statutory benefits and interest

from the date of dismissal of respective First Appeals till this date i.e.

28.09.2026.

(viii) Pending Civil Applications, if any, stand disposed of.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE

S P Rane

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