Bombay High Court
THE CHIEF OFFICER MUNICIPAL COUNCIL TULJAPURversusSHRIDEVI PRAKASHRAO SARKALE AND ORS
- Disposal
- DISMISSED
Holding
The appeal by the Chief Officer Municipal Council, Tuljapur is dismissed, and the enhanced compensation award stands.
Summary
The Chief Officer Municipal Council, Tuljapur appealed against the award of compensation in Land Acquisition Reference No.139 of 2013, wherein the Joint Civil Judge had determined the amount payable to Shridevi Prakashrao Sarkale and others. The appellant contended that the compensation was excessive and sought its reduction. The Court observed that the controversy was identical to that decided in First Appeal No.2343 of 2015, where the higher court had enhanced the claimant's compensation and dismissed the acquiring body's appeal. Relying on that precedent, the Court found no basis to depart from the earlier ruling. Consequently, the appeal by the acquiring body was dismissed and the enhanced compensation award was upheld.
Issues considered
- Whether the appeal challenging the compensation award in the present land acquisition case can be entertained in view of the earlier decision in First Appeal No.2343 of 2015.
- Whether the compensation awarded to the claimants should be enhanced or reduced.
Subjects
- land acquisition
- compensation
- appeal
- precedent
- judicial review
Judgment
2026:BHC-AUG:41306
24-FA-237-2017.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
24 FIRST APPEAL NO. 237 OF 2017
The Chief Officer Municipal Council Tuljapur
VERSUS
Shridevi Prakashrao Sarkale And Others
……
Mr. K.K. Kulkarni, Advocate for the Appellant
Ms. L.R. Thakur, Advocate h/f Mr. L.C. Patil, Advocate for Respondent No.1
Mr. S.N. Morampalle, AGP for Respondent Nos. 2 and 3
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 04 SEPTEMBER, 2026
PER COURT :
1. Heard learned counsel for the respective parties.
2. This appeal arises out of the Judgment and Award dated 28.09.2016
passed by the learned Joint Civil Judge, Senior Division, Osmanabad, in
Land Acquisition Reference No.139 of 2013.
3. Learned counsel Mr. Kulkarni for the appellant and the learned AGP
for the State, upon going through the record, submit that the controversy
involved in the present appeal is squarely covered by the order dated
21.08.2026 passed by this Court in First Appeal No.2343 of 2015 and
connected matters, whereby this Court partly allowed the appeal preferred
by the claimant and enhanced the amount of compensation payable to the
claimant therein, whereas the appeal preferred by the acquiring body, i.e.
the Chief Officer, Municipal Council, Tuljapur, was dismissed. They,
therefore, submit that the present appeal may also be disposed of in terms of
the said order.
24-FA-237-2017.odt
2
4. 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.2343 of 2015 and connected
matters vide order dated 21.08.2026, whereby this Court granted
enhancement in compensation to the claimant therein, whereas the appeal
preferred by the acquiring body, i.e. the Chief Officer, Municipal Council,
Tuljapur, was dismissed, I see no reason to take a different view.
Consequently, the challenge raised by the appellant-acquiring body cannot
be accepted. The present appeal, therefore, deserves to be dismissed.
5. The First Appeal is dismissed.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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