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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 dismissed and the matter is disposed of in accordance with First Appeal No. 3500 of 2008.

Summary

The High Court of Bombay dismissed a first appeal filed by GMIDC (through its Executive Engineer) against Tulsiram Vyankoba Jogdand concerning compensation under a minor irrigation project. The court noted a 57‑day delay in filing the appeal but allowed the civil application. It held that the issues were already decided in First Appeal No. 3500 of 2008 and the National Lok Adalat order of 14 July 2018, and therefore adopted that view. The court ordered that the cross‑appeals/objections be placed in the next Lok Adalat and that any pending civil applications be disposed of. Consequently, the present appeal was disposed of in accordance with the earlier decision.

Issues considered

  • Whether the 57‑day delay in preferring the first appeal warrants dismissal.
  • Whether the matter has already been decided in First Appeal No. 3500 of 2008 and the National Lok Adalat order.
  • How the cross‑appeals/objections and compensation enhancement claims should be handled.

Subjects

  • First Appeal
  • delay in filing
  • Lok Adalat
  • compensation enhancement
  • cross‑appeal
  • civil application
  • irrigation project

Judgment

2026:BHC-AUG:30746

                                                                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


                                      -----
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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