Disposed¶29

The Executive Engineer, Minor Irrigation Division No. 1, Jalna. v. Maroti Bhika Kharat and Ors.

Bombay HC24 Dec 2025CA/14166/2025

Case brief

AI extract

What is this about?

Tree compensation claim; land acquisition; notification under Section 4; already cut trees; ex facie payment; joint measurement; inconsistent stand by claimants; reference petition memo; Writ Petition No. 2926/2010 (order dated 13.06.2012, Division Bench); Civil Application No. 13534/2025; judgment under review; ad interim relief in terms of prayer clause ‘C’; stand over to 13.01.2026; High Court of Judicature at Bombay, Bench at Aurangabad; Shailesh P. Brahme, J.; interim order dated 24.12.2025; advocates Shrirang Shashishekhar Dande, Vilas M. Humbe, S.V. Hange (AGP).

What did the court decide?

Matters stood over to 13.01.2026; the Civil Applications are to be decided finally on the next date, and till then ad interim relief operates in terms of prayer clause ‘C’. ¶29

The Executive Engineer, Minor Irrigation Division No. 1, Jalna. vs Maroti Bhika Kharat and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matters stood over to 13.01.2026; the Civil Applications are to be decided finally on the next date, and till then ad interim relief operates in terms of prayer clause ‘C’.

¶29

Issue for consideration

Whether the claimants have taken inconsistent stands regarding the trees - the claim per the Division Bench order dated 13.06.2012 in Writ Petition No. 2926/2010 pertaining to already cut trees in the lands under acquisition, versus the tenor of Civil Application No. 13534/2025 that the trees were existing when the notification under Section 4 was issued. +1 more

¶26

Court's answer

Prima facie, the claimants have taken inconsistent stand: their claim as per the order dated 13.06.2012 of the Division Bench in Writ Petition No. 2926/2010 pertains to already cut trees in the lands under acquisition with ex facie payment, whereas the tenor of Civil Application No. 13534/2025 (on the basis of which the judgment under review was passed) is that the trees were existing when the notification under Section 4 was issued; in the joint measurement the existence of the trees is seen.

¶26

Ratio / Principle

The respondents/claimants shall produce on record the memo of the reference petition and the memo of Writ Petition No. 2926/2010 on the next date.

¶27

Detailed headnote1 paragraphs

Interim order dated 24.12.2025 (Shailesh P. Brahme, J.) in four Civil Applications Nos. 14159, 14164, 14165 and 14166 of 2025 filed by the Executive Engineer, Minor Irrigation Division No. 1, Jalna in First Appeals FA/2334/2022, FA/4239/2022, FA/2323/2022 and FA/2338/2022, relating to a judgment under review passed on the basis of Civil Application No. 13534/2025. The Court observed that the claimants' claim as per the Division Bench order dated 13.06.2012 in Writ Petition No. 2926/2010 pertains to already cut trees in the lands under acquisition with ex facie payment, whereas the tenor of Civil Application No. 13534/2025 is that the trees were existing when the notification under Section 4 was issued, and the joint measurement shows the existence of the trees; prima facie the claimants have taken inconsistent stand. Learned counsel for the applicant submitted that no compensation was claimed for the trees in the reference petition. The respondents/claimants were directed to produce the memo of the reference petition and the memo of Writ Petition No. 2926/2010 on the next date. Matters stood over to 13.01.2026 for final decision of the Civil Applications, with ad interim relief in terms of prayer clause ‘C’ continuing till then.

¶1

918 to 921 ca 14159 25+.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

918 CIVIL APPLICATION NO. 14159 OF 2025 IN FA/2334/2022

¶4

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISIONNO. 1, JALNA.

¶5

VERSUS

¶6

SAKHARAM MADHAV KHARAT AND ORS.

¶7

Advocate for Applicant : Mr. Shrirang Shashishekhar Dande Advocate for Respondent Nos. 1 to 3 : Mr. Vilas M. Humbe AGP for Respondent nos. 4 & 5: Mr. S.V. Hange

¶8

919 CIVIL APPLICATION NO. 14164 OF 2025 IN FA/4239/2022

¶9

THE EXE. ENGINEER, MINOR IRRIGATION DIV. NO.1, JALNA VERSUS

¶10

GANPAT S/O BHIKA KHARAT AND ORS.

¶11

Advocate for Applicant : Mr. Shrirang Shashishekhar Dande Advocate for Respondent No. 1 : Mr. Vilas M. Humbe AGP for Respondent nos. 2 & 3: Mr. S.V. Hange

¶12

920 CIVIL APPLICATION NO. 14165 OF 2025 IN FA/2323/2022

¶13

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO. 1, JALNA.

¶14

VERSUS

¶15

GAUTAM TRIMBAK RAGDE AND ORS.

¶16

Advocate for Applicant : Mr. Shrirang Shashishekhar Dande Advocate for Respondent Nos. 1 and 2 : Mr. Vilas M. Humbe AGP for Respondent nos. 3 & 4: Mr. S.V. Hange

¶17

921 CIVIL APPLICATION NO. 14166 OF 2025 IN FA/2338/2022

¶18

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO. 1, JALNA.

¶19

VERSUS

¶20

1/2

¶21

918 to 921 ca 14159 25+.odt

¶22

MAROTI BHIKA KHARAT AND ORS.

¶23

Advocate for Applicant : Mr. Shrirang Shashishekhar Dande Advocate for Respondent Nos. 1 : Mr. Vilas M. Humbe AGP for Respondent nos. 2 & 3: Mr. S.V. Hange

¶24

CORAM : SHAILESH P. BRAHME, J. DATE : 24.12.2025

¶25

PER COURT :

¶26

After hearing for some time it transpires that the claim of the claimants as per the order dated 13.06.2012 passed by Division Bench in Writ Petition No. 2926/2010 pertains to already cut trees in the lands under acquisition and ex facie payment. The tenor of Civil Application No. 13534/2025 on the basis of which the judgment under review was passed is that the trees were existing when notification under Section 4 was issued. In the joint measurement the existence of the trees is seen. Prima facie the claimants have taken inconsistent stand.

¶27

The learned counsel Mr. Dande submits that the claimants did not claim any compensation in respect of the trees in the reference petition. The memo of the reference petition, memo of Writ Petition No. 2926/2010 are necessary to be produced. The respondents/claimants shall produce on record these documents on the next date.

¶28

Stand over to 13.01.2026.

¶29

Civil Applications shall be decided finally on the next date. Till then there shall be ad interim relief in terms of prayer clause ‘C’.

¶30

( SHAILESH P. BRAHME, J.)

¶31

mkd/-

¶32

2/2

The Executive Engineer, Minor Irrigation Division No. 1, Jalna. v. Maroti Bhika Kharat and Ors.

Case brief

What is this about?

What did the court decide?

The Executive Engineer, Minor Irrigation Division No. 1, Jalna. v. Maroti Bhika Kharat and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Balkrushna Shankar Chavan and Suman Balkrushna Chavan Deid Throu Lrs Dnyaneshwar Balkrushan Chavan vs Lilabai Kisan Khandagale

Smt. Meerabai W/D Punjaram Udawant Vs Rajendra S/O Kerba Bhosale

Smt. Meerabai W/D Punjaram Udawant Vs Rajendra S/O Kerba Bhosale

Salim Mohammed Bashir Died Lrs. Wahidabegum and Ors. vs Syed Shaukatali Syed Ahmedali and Ors.

Subhash S/O Appa Mane and Others vs the State of Maharashtra Thr Collector, Osmanabad

The Executive Engineer Central Railway Pune and Ors. vs Rajaram Bhaguji Desai and Anr.