Bombay High Court

TAPI IRRIGATION DEVELOPMENT CORPORATIONversusSAMADHAN EKNATH SONAR and ANR

Disposal: DISMISSED

Holding

The appeal was dismissed as it could not be considered on merits due to the prior adjudication of the same issues.

Summary

The State of Maharashtra initiated an acquisition proceeding in 1997 concerning the Waghur Project. The State appealed a judgment and award dated 27 April 2005 passed by the Joint Civil Judge, Senior Division, Jalgaon (LAR No. 1449/2005). The court noted that it had already decided appeals filed by the original claimants in FA No. 729/2003 on 5 January 2009, which arose from the same project. Because the issues had been previously adjudicated, the court held that the State’s appeal could not be entertained on its merits. Consequently, the appeal was dismissed and any related civil application was also disposed of.

Issues considered

Whether the appeal filed by the acquiring body is maintainable after a prior appeal on the same matter has been decided

Subjects

land acquisition
appeal maintainability
civil procedure
prior adjudication
judgment dismissal

Judgment

2026:BHC-AUG:46304-DB



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                901 FIRST APPEAL NO. 1363 OF 2005

                                STATE OF MAHARASHTRA AND ANR
                                              VERSUS
                                    SAMADHAN EKNATH SONAR
                                                 ...
                             AGP for Appellants/State : Mr. S.S. Dande
                             Advocate for Respondent : Mr. V.D. Gunale
                                                 ...
                                               WITH
                              CIVIL APPLICATION NO. 10097 OF 2006
                                          IN FA/1363/2005
                                                 …

                                 CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                 Dated         : September 30, 2026

            PER COURT :-

            1.     The present acquisition proceeding is initiated in the year 1997,

            hence, with the consent of learned AGP heard finally.

            2.     By this appeal, the appellants/State assails the judgment and award

            dated 27.4.2005 passed by the learned Jt. Civil Judge, Senior Division,

            Jalgaon in LAR No. 1449/2005 which arises out of Waghur Project.

            3.     Both the counsel submit that this court decided the appeals filed by

            the original claimants in FA No. 729/2003 dated 5.1.2009 arising out of the

            same project.

            4.     In view of the submission made above, the first appeal filed by the

            acquiring body cannot be considered on merits. Hence, the same is

            dismissed. Civil application, if any, also stands disposed of.



                                                       ( SIDDHESHWAR S. THOMBRE, J. )

            ssc/

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