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Bombay High Court

THE EXECUTIVE ENGINEER SINA KOLEGAON MEDIUM PROJECT AT PARANDA OSMANABADversusTHE STATE OF MAH AND ORS

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court dismissed the appeals, applying the earlier order dated 12 August 2026 which had already decided the same controversy.

Summary

The Acquiring Body filed multiple first appeals challenging various judgments and awards of land acquisition made by the Reference Court for lands in Domgaon and Sonari villages intended for the Sina‑Kolegaon Medium Project. The appellants argued that the same controversy had already been decided in a prior order dated 12 August 2026 in First Appeal No. 281 of 2012, where similar appeals by the Acquiring Body were dismissed. The State, through its counsel, accepted that the issues were identical. The Court, after hearing counsel, held that the earlier decision was binding and therefore dismissed all the present appeals. Consequently, the civil applications, if any, were also disposed of.

Issues considered

  • Whether the present appeals challenging land acquisition awards are barred by the earlier judgment in First Appeal No. 281 of 2012 covering the same facts and public purpose.

Subjects

  • land acquisition
  • issue estoppel
  • public purpose
  • reference court
  • award dismissal
  • precedent

Judgment

2026:BHC-AUG:40643
                                                                     901-FA-3470-2015.odt
                                             1

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            901 FIRST APPEAL NO. 143 OF 2011

                The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                                           VERSUS
                             The State Of Maharashtra And Others

                                          AND
                              FIRST APPEAL NO. 3472 OF 2011

               The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                                           VERSUS
              The State of Maharashtra Through Collector Osmanabad And Others

                                          AND
                              FIRST APPEAL NO. 3537 OF 2011

                The Executive Engineer, Minor Irrigation Division, Osmanabad
                Through Maharashtra Krishna Valley Development Corporation
                                          VERSUS
                            The State Of Maharashtra And Others

                                          AND
                              FIRST APPEAL NO. 3439 OF 2011

                The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                                           VERSUS
                             The State Of Maharashtra And Others

                                          AND
                              FIRST APPEAL NO. 3440 OF 2011

               The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                Through Maharashtra Krishna Valley Development Corporation
                                           VERSUS
                            The State Of Maharashtra And Others

                                          AND
                              FIRST APPEAL NO. 1893 OF 2012
                   Maharashtra Krishna Valley Development Corporation
             Through Executive Engineer, Sina Kolegaon Medium Project, Paranda
                                          VERSUS
                           The State Of Maharashtra And Others
                                                       901-FA-3470-2015.odt
                               2


                            AND
                FIRST APPEAL NO. 1894 OF 2012

      Maharashtra Krishna Valley Development Corporation
Through Executive Engineer, Sina Kolegaon Medium Project, Paranda
                             VERSUS
              The State Of Maharashtra And Others

                            AND
                FIRST APPEAL NO. 1050 OF 2013

 The Executive Engineer, Sina Kolegaon Medium Project, Paranda
  Through Maharashtra Krishna Valley Development Corporation
                             VERSUS
              The State Of Maharashtra And Others

                             AND
                 FIRST APPEAL NO. 142 OF 2011

  The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                             VERSUS
               The State Of Maharashtra And Others

                            AND
                FIRST APPEAL NO. 1966 OF 2012

      Maharashtra Krishna Valley Development Corporation
Through Executive Engineer, Sina Kolegaon Medium Project, Paranda
                             VERSUS
              The State Of Maharashtra And Others

                             AND
                 FIRST APPEAL NO. 289 OF 2012
 The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                           Osmanabad
                             VERSUS
              The State Of Maharashtra And Others
                            AND
                FIRST APPEAL NO. 1621 OF 2010
      Maharashtra Krishna Valley Development Corporation
Through Executive Engineer, Sina Kolegaon Medium Project, Paranda
                             VERSUS
              The State Of Maharashtra And Others
                                                               901-FA-3470-2015.odt
                                      3


                                 AND
                     FIRST APPEAL NO. 3449 OF 2011

     The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                                VERSUS
                  The State Of Maharashtra And Others
                                 AND
                     FIRST APPEAL NO. 3450 OF 2011
     The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                                VERSUS
                  The State Of Maharashtra And Others
                                  AND
                   FIRST APPEAL NO. 3470 OF 2011
     The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                                VERSUS
                  The State Of Maharashtra And Others
                                 AND
                     FIRST APPEAL NO. 3471 OF 2011
     The Executive Engineer, Sina Kolegaon Medium Project, Paranda
                                VERSUS
                  The State Of Maharashtra And Others
                                   ……
Mr. Rajale Gulab, Advocate for Appellant-Acquiring Body
Mr. S.S. Dande, AGP for Respondents No.1 and 2-State
Mr. A.S. More, Advocate for Respondents-Claimants
                                   ……

                               CORAM : SIDDHESHWAR S. THOMBRE, J.
                               DATE       : 29 AUGUST, 2026
PER COURT :

1.     FIRST APPEAL Nos. 289/2012, 1621/2010, 3449/2011, 3450/2011,

3470/2011, 3471/2011 are not on board. Upon mentioning, the same are

taken on board.


2.     Heard the learned counsel for the respective parties.
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3.      The present appeals are filed by the Acquiring Body challenging the

Judgments and Awards dated 29.01.2010, 22.03.2011, 14.06.2011,

01.04.2011, 23.08.2011, 20.04.2011, 12.04.2011, 29.09.2010, 06.07.2011,

16.04.2011 and 29.03.2010 passed by the learned Reference Court in Land

Acquisition Reference Nos. 82 of 2006, 26 of 2007, 711 of 2001, 713 of

2001, 750 of 2001, 728 of 2001, 744 of 2001, 758 of 2001, 72 of 2006, 747

of 2001, 730 of 2001, 712 of 2001, 685 of 2000, 33 of 2007 and 99 of 2006,

respectively.

4.      The learned counsel for the appellant-Acquiring Body as well as the

original claimants have tendered across the Bar a copy of the order dated

12.08.2026 passed by this Court in First Appeal No. 281 of 2012 (The

Executive Engineer, Minor Irrigation Division, Osmanabad Vs. The State of

Maharashtra and Others) and connected matters. It is submitted that the

lands of the claimants in the present appeals were acquired from the same

villages, namely, Domgaon and Sonari, for the same public purpose, i.e.

Sina-Kolegaon Medium Project, and under the same notifications as involved

in the aforesaid appeals. It is, therefore, submitted that the controversy

involved in the present appeals is squarely covered by the aforesaid order

dated 12.08.2026 passed by this Court in First Appeal No. 281 of 2012

(supra) and connected matters and, consequently, the present appeals may

also be disposed of in terms thereof. The learned A.G.P. appearing for the

respondent-State fairly concedes the aforesaid position.
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5.         Having considered the submissions advanced by the learned counsel

for the respective parties, and in view of the admitted position that the

controversy involved in the present appeals is squarely covered by the order

dated 12.08.2026 passed by this Court in First Appeal No. 281 of 2012

(supra) and connected matters, wherein the appeals filed by the Acquiring

Body came to be dismissed, I see no reason to take a different view. The

present appeals, therefore, deserve to be dismissed in terms of the said

order.


6.         The First Appeals are dismissed in terms of the order dated

12.08.2026 passed by this Court in First Appeal No. 281 of 2012 (supra)

and connected matters.


7.         The Civil Applications, if any, stand disposed of.



                                                [ SIDDHESHWAR S. THOMBRE ]
                                                          JUDGE
S P Rane


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