Bombay High Court

STATE OF MAH and ANRversusSAMADHAN EKNATH SONAR

Disposal: DISMISSED

Holding

The appeal by the acquiring authority was dismissed as the matter had already been finally decided in an earlier appeal.

Summary

The State of Maharashtra filed a first appeal against a judgment and award dated 27 April 2005 issued by the Joint Civil Judge, Senior Division, Jalgaon in a land acquisition matter arising from the Waghur Project. The State argued that the earlier appeal filed by the original claimants (FA No. 729/2003, decided on 5 January 2009) pertained to the same project. The Court observed that because the matter had already been adjudicated in the earlier appeal, the present appeal by the acquiring authority could not be entertained on its merits. Consequently, the Court dismissed the State’s appeal and also disposed of the accompanying civil application. The decision rests on the principle that a matter already finally decided cannot be re‑litigated.

Issues considered

Can the acquiring authority’s appeal be entertained when the same subject matter has already been decided in a prior appeal by the original claimants?

Subjects

land acquisition
res judicata
appeal dismissal
civil application disposal
Waghur Project

Judgment

2026:BHC-AUG:46303



                          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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