Bombay High Court

M.S.E.B. JALGAONversusBABULAL JAIRAM THAKARE AND OTHERS

Disposal: DISMISSED

Holding

The appeal was dismissed as the controversy was identical to that decided in FA No. 496/2002.

Summary

The appellant, M.S.E.B. Jalgaon, appealed against a 1998 judgment and award concerning land acquisition for the Deepnagar Thermal Power Station. The appellant argued that the dispute was identical to that decided in FA No. 496/2002 (Maharashtra State Electricity Board v. Parwatibai Vedu Pawar & Ors.), which involved the same village, purpose, and notification. No respondents appeared to contest the claim. The Court accepted the submission that the controversy was the same as the earlier case and found no reason to depart from that precedent. Consequently, the appeal was dismissed without costs and any pending civil application was disposed of.

Issues considered

Whether an appeal involving identical facts to a previously decided case can be disposed of by reference to that earlier judgment.
Whether the earlier coordinate bench decision is binding on the present bench for the same controversy.

Subjects

land acquisition
thermal power station
precedent
appeal dismissal
coordinate bench
civil application

Judgment

2026:BHC-AUG:38589

                                                                             FA 2445/08
                                                   1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                60 FIRST APPEAL NO. 2445 OF 2008
                                              WITH
                       CIVIL APPLICATION NO. 843 OF 2003 IN FA/2445/2008

                                         M.S.E.B. JALGAON
                                             VERSUS
                              BABULAL JAIRAM THAKARE AND OTHERS
                                                 ...
                             Advocate for Appellant : Mr. A.M. Gaikwad
                           AGP for Respondent/State : Mr. S.N. Morampalle
                                                 ...

                                 CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                 Dated         : August 24, 2026

            PER COURT :-

            1.       Heard the learned counsel for the respective parties.


            2.       By the present appeal, the appellant/acquiring body assails the

            judgment and award dated 21.4.1998 passed by the learned Jt. Civil Judge,

            Senior Division at Jalgaon in LAR No. 30/1993.


            3.       The learned counsel for the appellant/acquiring body and the

            learned AGP for State tendered across the Bar a copy of the judgment and

            order dated 27.2.2026 passed by the Coordinate Bench of this Court in FA

            No. 496/2002 (Maharashtra State Electricity Board Vs. Parwatibai Vedu

            Pawar and Ors.) and other connected matters. He submits that the land of

            the present appellant was acquired from the same village, for the same

            purpose i.e. Deepnagar Thermal Power Station, and under the very same

            notification as involved in FA No. 496/2002 (supra). It is, therefore,

            contended that the controversy involved in the present appeal is squarely

            covered by the judgment and order in FA No. 496/2002 (supra) and
                                                                  FA 2445/08
                                        2

consequently, the present appeal deserves to be disposed of in terms

thereof.


4.       Though served, none appears for respondent/original claimants.


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 appeal is identical to the one decided by

the Coordinate Bench in First Appeal No.496/2002 (supra), I see no reason

to take a different view. The present appeal, therefore, deserves to be

disposed of in terms of the said judgment and order. Hence, the following

order:


                                   ORDER

(i)      The appeal is dismissed with no order as to costs.

(ii)     Pending civil application, if any, stands disposed of.



                                            ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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