Bombay High Court

THE EXECUTIVE ENGINEER, NIMN DUDHANA PROJECT, SELU THR GMIDC AURANGABADversusGAYABAI JAIRAM WAGH AND ORS

Disposal: DISMISSED

Holding

The appeals are dismissed and the claimants are entitled to all statutory benefits as per the Full Bench decision.

Summary

The Executive Engineer of the Nimn Dudhana Project, acting through the G.M.I.D.C., filed two first appeals against claimants including Balasaheb Sheshrao Mhasrup and Gayabai Jairam Wagh. The claimants sought statutory benefits under the law articulated by the Full Bench of this Court in State of Maharashtra v. Kailash Shiva Rangare. Both parties argued that the issues were already settled by an earlier order dated 08.07.2026 in First Appeal No.1554 of 2017. The Court observed that the present appeals were squarely covered by that earlier order and therefore required no fresh adjudication. Consequently, the Court dismissed both appeals and affirmed that the claimants are entitled to all statutory benefits as per the Full Bench precedent.

Issues considered

Whether the claimants are entitled to statutory benefits under the Full Bench decision in State of Maharashtra v. Kailash Shiva Rangare
Whether the present appeals are covered by the earlier order dated 08.07.2026 in First Appeal No.1554 of 2017

Subjects

statutory benefits
appeal dismissal
precedent
full bench decision
public works
government contracts

Judgment

2026:BHC-AUG:36798
902-FA-4401-16 (+1).odt
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 FIRST APPEAL NO. 4401 OF 2016
The Executive Engineer, Nimn Dudhana Project, Selu,
Through G.M.I.D.C., Aurangabad
VERSUS
Balasaheb Sheshrao Mhasrup And Others
AND
FIRST APPEAL NO. 4300 OF 2016
The Executive Engineer, Nimn Dudhana Project, Selu,
Through G.M.I.D.C., Aurangabad Aurangabad
VERSUS
Gayabai Jairam Wagh And Others
......
Mr. S.G. Bhalerao, Advocate for Appellant in Both FAs
Mr. D.A. Bide, Advocate h/f Mr. V.B. Wayal, Advocate for Claimants
Mr. A.M. Phule, AGP for Respondents-State
......

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 14 AUGUST, 2026
PER COURT :

1. Learned counsel for the appellant-acquiring body as well as learned
counsel for the respondents-claimants submit that the issue involved in the
present appeals is squarely covered by the order dated 08.07.2026 passed by
this Court in First Appeal No.1554 of 2017 and connected matters.

2. In view of the submission made, both the First Appeals are
dismissed.

3. The claimants shall be entitled to all the statutory benefits including
the benefits flowing from the law laid down by the Full Bench of this Court
in State of Maharashtra Vs. Kailash Shiva Rangare [2016 (3) Mh.L.J. 457.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane

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