Bombay High Court

THE STATE OF MAH AND ORSversusPANDHARI GANGARAM PATIL AND ORS

Disposal: DISMISSED

Holding

The appeal was dismissed as the acquiring body’s claim could not be considered on merits due to prior adjudication of the same issue.

Summary

The State of Maharashtra filed a first appeal against a 2007 judgment and award in a land acquisition proceeding (LAR No. 1972/2005) related to the Waghur Project. The learned Advocate General for the State argued that the same court had already decided appeals filed by the original claimants concerning the same project. The High Court held that, because the matter had been previously adjudicated, the acquiring body’s appeal could not be entertained on its merits. Consequently, the appeal was dismissed and any related civil application was also disposed of. The decision rests on the principle that a matter already decided cannot be re-litigated.

Issues considered

Whether the acquiring body can maintain a first appeal when the same matter has already been adjudicated in earlier appeals by original claimants.

Subjects

land acquisition
res judicata
appeal dismissal
Waghur Project
civil procedure

Judgment

2026:BHC-AUG:46288



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 342 FIRST APPEAL NO. 218 OF 2017

                              THE STATE OF MAHARASHTRA AND ORS
                                              VERSUS
                               PANDHARI GANGARAM PATIL AND ORS
                                                 ...
                              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 1997,

            hence, with the consent of learned AGP heard finally.

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

            dated 30.11.2007 passed by the learned Civil Judge, Senior Division,

            Jalgaon in LAR No. 1972/2005 which arises out of Waghur 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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