Bombay High Court
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISIONversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISMISSED
Holding
The appeal is dismissed as the controversy is identical to the earlier decided case where compensation was enhanced.
Summary
The Executive Engineer Minor Irrigation Division appealed against a judgment and award dated 26 November 2010 that dealt with the acquisition of its land for the Renapur Medium Project. The appellant contended that the compensation awarded should not be enhanced, contrary to an earlier order of this Court in First Appeal No. 526 of 2011 dated 10 July 2026, which had increased compensation for similar claimants. The Court examined the record and accepted that the controversy was identical to the earlier case. Relying on the precedent, the Court found no basis to depart from the enhanced compensation awarded by the reference court. Consequently, the appeal was dismissed.
Issues considered
- Whether the challenge to the enhancement of compensation awarded in the earlier order is maintainable in the present appeal
- Whether the facts of the present case are identical to those decided in First Appeal No. 526 of 2011
Subjects
- land acquisition
- compensation
- enhancement of compensation
- public project
- appeal
- Maharashtra
Judgment
2026:BHC-AUG:41310
902-FA-1821-2014.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 FIRST APPEAL NO. 1821 OF 2014
The Executive Engineer Minor Irrigation Division
VERSUS
The State Of Maharashtra And Others
……
Mr. Sudhir Bhalerao, Advocate for the Appellant
Mr. A.M. Phule, AGP for Respondent Nos.1 and 2
Mr. V.S. Gundre, Advocate for Respondent No.3
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 04 SEPTEMBER, 2026
PER COURT :
1. The learned counsel who was representing the appellant-Corporation
has not been appearing on several earlier occasions. Therefore, this Court
requested Mr. Sudhir G. Bhalerao, learned counsel who is presently on the
panel of the appellant-Corporation, to appear on behalf of the appellant in
the present matter. He has graciously accepted the request and has appeared
and assisted the Court.
2. Heard the learned counsel for the respective parties.
3. This appeal arises out of the Judgment and Award dated 26.11.2010
passed by the learned Adhoc District Judge-2, Osmanabad, in Land
Acquisition Reference No.62 of 2001.
902-FA-1821-2014.odt
2
4. Learned counsel Mr. Bhalerao, as well as the learned AGP, upon
going through the record, submit that the land of the appellant was acquired
for the Renapur Medium Project from village Kamkheda. They submit that
the controversy involved in the present appeal is squarely covered by the
order dated 10.07.2026 passed by this Court in First Appeal No.526 of 2011
and connected matters, whereby this Court has enhanced the amount of
compensation payable to the claimants therein. They, therefore, submit that
the present appeal may also be disposed of in terms of the said order.
5. Having considered the submissions advanced by learned counsel for
the appellant and the learned AGP, and in view of the admitted position that
the controversy involved in the present appeal is identical to the one
decided by this Court in First Appeal No.526 of 2011 and connected matters
vide order dated 10.07.2026, whereby this Court has granted enhancement
in compensation to the claimants therein, and having regard to the other
merits of the matter, I see no reason to take a different view. Consequently,
the challenge raised by the appellant-Corporation to the enhancement
granted by the Reference Court cannot be accepted. The present appeal,
therefore, deserves to be dismissed.
6. The First Appeal is dismissed.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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