Bombay High Court
MAHARASHTRA KRISHNA VALLEY DEVP. CORP.versusTHE STATE OF MAH AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The appeals are dismissed as the controversy has already been decided in the earlier order.
Summary
The Executive Engineer (Acquiring Body) filed multiple first appeals challenging judgments and awards relating to land acquisition for the Sina‑Kolegaon Medium Project in Domgaon and Sonari villages. The Court noted that the same lands, purpose, and notifications were involved in a prior decision (First Appeal No. 281 of 2012) where the acquiring body’s appeals were dismissed. Both parties accepted that the present controversy was identical to the earlier case. Relying on the principle of issue estoppel, the Court found no reason to depart from the earlier ruling. Consequently, all the present appeals were dismissed in accordance with the earlier order. The civil applications, if any, were also disposed of.
Issues considered
- Whether the present appeals are barred by the earlier decision in First Appeal No. 281 of 2012 on the ground of res judicata/issue estoppel.
Subjects
- land acquisition
- res judicata
- issue estoppel
- public purpose
- appeal dismissal
- precedent
Judgment
2026:BHC-AUG:40644
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
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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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