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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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