Bombay High Court

THE EXECUTIVE ENGINEER AND OTHERSversusDUHSANT VITHALRAO SHINDE

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

All First Appeals were disposed of in terms of the settlement, confirming the awarded compensation and interest, and directing payment and refund as stipulated.

Summary

The Executive Engineer (acquiring body) filed numerous First Appeals challenging awards granted by the Reference Court in land‑acquisition matters concerning trees on the acquired lands. The claimants, represented by advocates N. D. Kendre and J. Y. Solunke, appeared before the National Lok Adalat and agreed to a settlement. The settlement confirmed the compensation rates awarded, stipulated payment of interest from the date of award, required the acquiring body to deposit any unpaid award amounts within eighteen months, and provided for the return of any excess amounts withdrawn by claimants. The settlement was recorded by Deputy Engineer Mayur Shivkumar Patil on behalf of the acquiring body and was not to be treated as precedent. Consequently, all the First Appeals were disposed of in accordance with the settlement terms.

Issues considered

Can the awards of compensation granted by the Reference Court be altered or affirmed through a settlement in Lok Adalat?
What is the appropriate quantum of interest payable on the awarded compensation?
What procedure should be followed for deposit of pending award amounts and refund of excess amounts?
Does the settlement create a binding precedent for other similar acquisition cases?

Subjects

land acquisition
compensation
Lok Adalat
settlement
interest
award
trees
legal services committee

Judgment

2026:BHC-AUG:22200

1 11-15 final.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY
HON’BLE SHRI JUSTICE AJIT B. KADETHANKAR
HELD ON 09.05.2026
AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE
AT AURANGABAD.

11 FIRST APPEAL NO. 858 OF 2023

The Executive Engineer Nimna Terna Kalwa Vibhag No 2
VERSUS
Jaysing Harishchandra Shinde
WITH
CIVIL APPLICATION NO. 1457 OF 2023 IN FA/858/2023
AND
12 FIRST APPEAL NO. 3320 OF 2023

The Executive Engineer Nimna Terna Kalwa Vibhag No 2
VERSUS
Champabai Trimbak Shinde Died Thr Lrs Prakash Trimbak Shinde And
Others
WITH
CIVIL APPLICATION NO. 1471 OF 2023 IN FA/3321/2023
WITH
CIVIL APPLICATION NO. 1473 OF 2023 IN FA/868/2023
WITH
CIVIL APPLICATION NO. 1485 OF 2023 IN FA/3320/2023
WITH
CIVIL APPLICATION NO. 1463 OF 2023 IN FA/862/2023
WITH
CIVIL APPLICATION NO. 1465 OF 2023 IN FA/860/2023
WITH
CIVIL APPLICATION NO. 1467 OF 2023 IN FA/870/2023
WITH
CIVIL APPLICATION NO. 1475 OF 2023 IN FA/866/2023
WITH
CIVIL APPLICATION NO. 1483 OF 2023 IN FA/871/2023
WITH
FIRST APPEAL NO. 3321 OF 2023
WITH
CIVIL APPLICATION NO. 1461 OF 2023 IN FA/863/2023
WITH
CIVIL APPLICATION NO. 1477 OF 2023 IN FA/867/2023
WITH
2 11-15 final.odt

CIVIL APPLICATION NO. 1479 OF 2023 IN FA/859/2023
WITH
FIRST APPEAL NO. 870 OF 2023
WITH
FIRST APPEAL NO. 871 OF 2023
WITH
CIVIL APPLICATION NO. 1459 OF 2023 IN FA/864/2023
WITH
FIRST APPEAL NO. 867 OF 2023
WITH
FIRST APPEAL NO. 866 OF 2023
WITH
CIVIL APPLICATION NO. 1481 OF 2023 IN FA/865/2023
WITH
FIRST APPEAL NO. 860 OF 2023
WITH
FIRST APPEAL NO. 868 OF 2023
WITH
FIRST APPEAL NO. 862 OF 2023
WITH
FIRST APPEAL NO. 863 OF 2023
WITH
FIRST APPEAL NO. 864 OF 2023
WITH
FIRST APPEAL NO. 865 OF 2023
WITH
FIRST APPEAL NO. 859 OF 2023
AND
13 FIRST APPEAL NO. 3228 OF 2025

The Executive Engineer And Others
VERSUS
Govind Gopal Shinde
WITH
FIRST APPEAL NO. 3222 OF 2025
WITH
FIRST APPEAL NO. 3223 OF 2025
WITH
FIRST APPEAL NO. 3224 OF 2025
WITH
FIRST APPEAL NO. 3227 OF 2025
WITH
FIRST APPEAL NO. 3220 OF 2025
3 11-15 final.odt

WITH
FIRST APPEAL NO. 3230 OF 2025
WITH
FIRST APPEAL NO. 3225 OF 2025
WITH
FIRST APPEAL NO. 3221 OF 2025
WITH
FIRST APPEAL NO. 3219 OF 2025
WITH
FIRST APPEAL NO. 3226 OF 2025
WITH
FIRST APPEAL NO. 3229 OF 2025
AND
14 CIVIL APPLICATION NO. 4146 OF 2023 IN FA/875/2026
WITH
FIRST APPEAL NO. 875 OF 2026
AND
15 CIVIL APPLICATION NO. 4117 OF 2024
IN FAST/2531/2024

The Executive Engineer Lower Terna Project Division No 2 Latur And
Ors
VERSUS
Muktabai Subhash Padile And Anr
WITH
CIVIL APPLICATION NO. 4120 OF 2024 IN FAST/2539/2024
WITH
CIVIL APPLICATION NO. 4121 OF 2024 IN FAST/2539/2024
WITH
CIVIL APPLICATION NO. 4122 OF 2024 IN FAST/2525/2024
WITH
CIVIL APPLICATION NO. 4123 OF 2024 IN FAST/2525/2024
WITH
CIVIL APPLICATION NO. 4115 OF 2024 IN FAST/2498/2024
WITH
CIVIL APPLICATION NO. 4116 OF 2024 IN FAST/2531/2024
WITH
CIVIL APPLICATION NO. 4118 OF 2024 IN FAST/2534/2024
WITH
CIVIL APPLICATION NO. 4119 OF 2024 IN FAST/2534/2024
WITH
CIVIL APPLICATION NO. 4114 OF 2024 IN FAST/2498/2024
...
4 11-15 final.odt

Advocate for Appellant : Mr. B. R. Surwase and Mr. R. C. Patil in
respective matters.
Advocate for Respondents: Mr. N. D. Kendre a/w Mr. J. Y. Solunke
…
AWARD
th
[ 09 May, 2026 ]

. The appellant/Acquiring body has preferred these First Appeals

challenging the judgments and award passed by the Reference Court in

the respective matter. Pursuant to the notice issued by this Court, the

claimants have marked their appearance in the First Appeals. During

the course of time, the parties have arrived at amicable settlement on

following terms and conditions as per settlement terms annexed

herewith. The sum and substance of the settlement terms is as follows:

1. The claimants relinquish their right in respect of
compensation against the trees situating on the respective
lands which are subject matter of the acquisition.

2. The rate of compensation as granted by the
Reference Court is admitted and agreed by both the
parties.

3. Interest on the award shall be payable from the date
of award.

4. The appellant has deposited the award
compensation in this Court in some cases. The cases in
which the award is not fully deposited or partially
deposited, such award amount/balance award amount
shall be deposited by the Acquiring Body in this Court
within a period of eighteen months from today.

5. The interest shall be applied on the said date of
deposit.
5 11-15 final.odt

6. If any claimant(s) has/have withdrawn any excess
amount, than to what the claimant(s) deserve such excess
amount shall be refunded by such claimant(s) in this
Court.

7. The present compromise shall not be treated as
precedent in other matters.

2. Mr. Mayur Shivkumar Patil, Deputy Engineer, Lower Terna Canal

Division No.2, Latur is present on behalf of Acquiring Body with

adequate instructions to record the present settlement/ compromise on

behalf of the Acquiring Body on the terms as are recorded above.

3. The Secretary of the High Court Legal Services Sub-Committee,

Aurangabad has received a communication dated 21.04.2026 under the

signature of Executive Engineer, whereby the Acquiring Body has

agreed to settle these appeals on the terms which are recorded above.

On 04.05.2026, as also on 07.05.2026, the Secretariat is also in receipt

of e-mail from Nimna Terna Canal Project no.2 office, wherein a list of

34 First Appeals which are subject matter of today’s settlement is

provided bearing remark that compensation awarded by the District

Court/Reference Court is not disputed. The claimants are represented

today by Mr. N. D. Kendre, learned Advocate appearing in the appeals

as also Mr. J. Y. Solunke, learned Advocate representing the claimants

in the Reference Court. Mr. Dhananjay Kasarkhedkar who is one of the

claimants in First Appeal No.871 of 2023 is also personally present. Mr.

R. C. Patil, learned Advocate as also Mr. B. R. Surwase, learned
6 11-15 final.odt

Advocate identified Mr. Mayur Patil, who is authorized to record the

agreement and settlement in this Lok Adalat on behalf of Acquiring

Body.

4. Mr. N. D. Kendre as also Mr. J. Y. Solunke, learned Advocates for

the claimant submit that they are authorized and specifically instructed

by the respective claimants to enter into settlement as is recorded

today. Both the learned Advocates further unequivocally undertake to

keep present every claimant in all the First Appeals on or before

13.05.2026 before the learned Secretary of High Court Legal Services

Sub-Committee, Aurangabad of identification and verification. Upon

verification and identification of each of the claimant, the

settlement/compromise shall become effective. The list of 34 First

Appeals referred in e-mail dated 04.05.2026 and 07.05.2026 received

by the Secretary, High Court Legal Services Sub-Committee,

Aurangabad as also letter dated 21.04.2026 issued by the Executive

Engineer to the appellant under the Signature of Mr. S. R. Patil,

Executive Engineer on behalf of the G.M.I.D.C. and the settlement

terms executed between the parties are taken on record and shall be

part and parcel of this settlement. Those are marked collectively as

Exhibit-X.

5. Needless to mention, the Court fees certificate be issued to the

appellant, subject to deposit of every payable award amount in this
7 11-15 final.odt

Court in terms of the settlement. In that eventuality, appropriate Court

fees refund certificate be issued in favour of all the Acquiring Body.

6. In view of settlement, the claimants are entitled for withdrawal

of amount, if pending in this Court.

7. The securities offered by the claimants while withdrawing any

amount from this Court shall stand discharged in view of the

settlement.

8. Thus, all the First Appeals are disposed of in terms of settlement.

Awards be drawn accordingly.

[A. R. BORULKAR] [KISHOR R. CHOUDHARI] [AJIT B. KADETHANKAR, J.]
Advocate District Judge (Retd.) Head of Panel
Member Member

Rushikesh/2026

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