Bombay High Court

STATE OF MAHversusSHIVLING NAGAPPA DHUMRE

Disposal: DISMISSED

Holding

The appeal by the acquiring body was dismissed as it could not be considered on merits after earlier appeals by the original claimants were decided.

Summary

The State of Maharashtra filed a first appeal against a 2004 judgment and award in LAR No. 23/1994 concerning the Benetura Project, Murum, which originated from an acquisition proceeding started in 1987. The learned Additional Government Pleader argued that the court had already decided appeals filed by the original claimants arising from the same project. The High Court held that, because the earlier appeals by the original claimants had been decided, the acquiring body (the State) could not now consider the matter on its merits. Consequently, the appeal was dismissed and any related civil application was also disposed of. The decision underscores procedural limitations on filing subsequent appeals after earlier related appeals have been resolved.

Issues considered

What is the effect of earlier decided appeals by original claimants on the ability of the acquiring body to file a first appeal on merits?

Subjects

land acquisition
first appeal
procedural bar
appeal dismissal
civil application disposal

Judgment

2026:BHC-AUG:46275



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                307 FIRST APPEAL NO. 3000 OF 2009

                                     STATE OF MAHARASHTRA
                                              VERSUS
                                   SHIVLING NAGAPPA DHUMRE
                                                 ...
                              AGP for Appellant/State : Mr. A.D. Wange
                                                 ...

                                 CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                 Dated         : September 30, 2026

            PER COURT :-

            1.     The present acquisition proceeding is initiated in the year 1987,

            hence, with the consent of learned AGP heard finally.

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

            dated 9.3.2004 passed by the learned Civil Juge, Senior Division,

            Osmanabad in LAR No. 23/1994 which arises out of Benetura Project,

            Murum.

            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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