Bombay High Court
GMIDC THROUGH EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION PARBHANI AND ANRversusTULSIRAM VYANKOBA JOGDAND DIED TH LR VYANKOBA TULSIRAM JOGDAND AND ORS
- Disposal
- DISPOSED OFF
Holding
The appeal is disposed of by adopting the view expressed in First Appeal No.3500 of 2008, despite the delay in filing.
Summary
The Gujarat Minor Irrigation Development Corporation (GMIDC) filed several civil applications and a first appeal against Tulsiram Vyankoba Jogdand concerning compensation for land acquisition. The appeal was filed 57 days after the prescribed period, raising a question of delay. Both parties agreed that the matter was already decided in First Appeal No.3500 of 2008, which was affirmed in a National Lok Adalat on 14 July 2018. The court, relying on that earlier decision, chose to adopt the same view despite the delay. Consequently, the present first appeal and any pending civil applications were disposed of in accordance with the earlier order.
Issues considered
- Whether a first appeal filed 57 days after the prescribed period can be entertained.
- Whether the court should apply the reasoning and orders of First Appeal No.3500 of 2008 and the National Lok Adalat decision to the present appeal.
Subjects
- delay in appeal
- Lok Adalat
- compensation enhancement
- cross‑appeal
- civil application
- irrigation project
Judgment
2026:BHC-AUG:30743
919-CA-2980-2011.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 CIVIL APPLICATION NO. 2980 OF 2011
IN FAST/3929/2011
Gmidc Through Executive Engineer Minor Irrigation Division Parbhani And
Anr
VERSUS
Tulsiram Vyankoba Jogdand Died Th Lr Vyankoba Tulsiram Jogdand And Ors
WITH
CIVIL APPLICATION NO. 2979 OF 2011
IN FAST/3929/2011
Gmidc Through Executive Engineer Minor Irrigation Division Parbhani And
Anr
VERSUS
Tulsiram Vyankoba Jogdand Died Th Lr Vyankoba Tulsiram Jogdand And Ors
WITH
CIVIL APPLICATION NO. 9537 OF 2018
IN FAST/3929/2011
Tulsiram Vyankoba Jogdand (died) Th Lr Vyankoba Tulsiram Jogdand And
Ors
VERSUS
Gmidc Through Executive Engineer Minor Irrigation Division Parbhani And
Ors
WITH
CIVIL APPLICATION NO. 2981 OF 2011
IN FAST/3929/2011
Gmidc Through Executive Engineer Minor Irrigation Division Parbhani And
Anr
VERSUS
Tulsiram Vyankoba Jogdand Died Th Lr Vyankoba Tulsiram Jogdand And Ors
WITH
FIRST APPEAL (ST) NO. 3929 OF 2011
Gmidc Through Executive Engineer Minor Irrigation Division Parbhani And
Anr
VERSUS
Tulsiram Vyankoba Jogdand Died Th Lr Vyankoba Tulsiram Jogdand And Ors
Shubham Page 1 of 3
919-CA-2980-2011.doc
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Mr. Shirish Sangle for the Applicant in CA/2980/2011, CA/2979/2011,
CA/2981/2011.
Mr. Bade Patil K. D. for the Applicant in CA/9537/2018
Mr. S. S. Dande, AGP for State.
-----
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 10 JULY 2026
P. C.:
1. There is delay of 57 days in preferring First Appeal. Considering the
averments made in the Civil Application, the Civil Application is allowed.
2. Both the learned counsel submit that the issue involved in the present
Appeal is squarely covered by order passed by this Court in First Appeal
No.3500 of 2008 with other connected matters decided on 14 th July 2018 in
National Lok Adalat.
3. As this Court has taken a view in First Appeal No.3500 of 2008 arising
out of the same project, I am inclined to adopt the same view. Hence,
present First Appeal stands disposed of in view of the order passed in First
Appeal No.3500 of 2008, paragraph No.6 of which reads as under:-
“6. So far as the cross appeals/objections preferred by the respondents-
original claimants are concerned, learned counsel appearing for the
respondents-original claimants, on instructions, submits that the
respondents-claimants who have preferred cross appeals/objections are
ready to settle the matters amicably in the event if their claim for
enhancement of compensation amount is considered by the acquiring body
@ Rs.1,20,000/- per Hector. Learned counsel appearing for acquiring body,
on instructions, submits that the said proposal would be considered and the
Shubham Page 2 of 3
919-CA-2980-2011.doc
cross-appeals / objections be placed in the next Lok Adalat. In view of
above, cross-appeals / objections be placed in the Next Lok Adalat.”
4. Pending Civil Applications, if any, stand disposed of.
[SIDDHESHWAR S. THOMBRE, J.]
Shubham Page 3 of 3
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