Bombay High Court

THE STATE OF MAH AND ANRversusMAHADEO GANPATI SHINDE

Disposal: DISMISSED

Holding

The appeal was dismissed as the merits could not be re‑examined after the prior adjudication of related appeals.

Summary

The State of Maharashtra filed a first appeal in 2016 challenging a judgment and award dated 24 October 2007 issued by the Civil Judge, Senior Division, Omerga in LAR No. 148/2004, which arose from the Benetura Project. The acquisition proceeding itself had been initiated in 1988. The State argued that the court had already decided the appeals filed by the original claimants concerning the same project. The learned Additional Government Pleader submitted that, because of this prior adjudication, the acquiring body could not re‑examine the merits of the matter. The High Court agreed, holding that the appeal could not be entertained on its merits. Consequently, the appeal was dismissed and any related civil application was also disposed of.

Issues considered

Can the acquiring body file a first appeal on the merits when earlier appeals by the original claimants arising out of the same project have already been decided?

Subjects

land acquisition
first appeal
res judicata
civil procedure
judgment dismissal

Judgment

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                    336 FIRST APPEAL NO. 1259 OF 2016

                  THE STATE OF MAHARASHTRA AND ANR
                                  VERSUS
                        MAHADEO GANPATI SHINDE
                                     ...
                  AGP for Appellants/State : Mr. D.R. Korde
                                     ...

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

PER COURT :-

1.     The present acquisition proceeding is initiated in the year 1988,

hence, with the consent of learned AGP heard finally.

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

dated 24.10.2007 passed by the learned Civil Judge, Senior Division,

Omerga in LAR No. 148/2004 which arises out of Benetura Project.

3.     The learned AGP submits that this court decided the appeals filed by

the original claimants 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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