Bombay High Court

THE STATE OF MAHARASHTRA AND ANOTHERversusUSMAN IMAN MULLA DIED LRS JALIL AND OTHERS

Disposal: DISMISSED

Holding

The appeals are dismissed as they do not survive in view of the earlier judgment that enhanced compensation for the same project.

Summary

The State of Maharashtra filed two appeals challenging judgments and awards dated 9 November 2011 and 3 October 2011 passed by the Civil Judge, Senior Division, Omerga in LAR Nos. 668 and 663 of 2025, which related to the rehabilitation of earthquake‑affected persons from Sastur village. The State argued that the compensation awarded should be revisited. The Court noted that an earlier appeal, FA No. 3893/2003, concerning the same project had already enhanced the compensation rate to Rs.20,000 per unit. In view of that prior determination, the Court held that the present appeals could not be entertained. Consequently, both appeals were dismissed and any civil applications filed in the same proceedings were also disposed. Cross‑objections were ordered to be listed for hearing on 14 October 2026.

Issues considered

Whether the State's appeals challenging the compensation awards can be entertained after a prior judgment had already enhanced compensation for the same project

Subjects

acquisition
rehabilitation
compensation
appeal
dismissal
earthquake
civil procedure

Judgment

2026:BHC-AUG:46287

                                                                        FA 331/15 & Anr.
                                                  1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                331 FIRST APPEAL NO. 331 OF 2015

                          THE STATE OF MAHARASHTRA AND ANOTHER
                                           VERSUS
                        USMAN IMAN MULLA DIED LRS JALIL AND OTHERS
                                              ...
                           AGP for Appellants/State : Mr. A.D. Wange
                                              ...
                              333 FIRST APPEAL NO. 351 OF 2015

                            THE STATE OF MAHARASHTRA AND ANOTHER
                                              VERSUS
                                     YASHWANT NAGU SUTAR
                                                 ...
                           AGP for Appellants/State : Mr. S.N. Morampalle
                                                 ...
                                                WITH
                              CIVIL APPLICATION NO. 10882 OF 2018
                                      IN X-OBJST/33319/2015
                                                WITH
                              CIVIL APPLICATION NO. 10885 OF 2018
                                      IN X-OBJST/33319/2015
                                                 ...
                                CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                Dated         : September 30, 2026

            PER COURT :-

            1.    As the present acquisition proceedings are initiated in the year 1994,

            with the consent of learned AGPs heard finally.

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

            dated 9.11.2011 and 3.10.2011 passed by the learned Civil Judge, Senior

            Division, Omerga in LAR Nos. 668 and 663 of 2025, which arises out of

            rehabilitation of earthquake affected persons from Sastur village.

            3.    The learned AGPs in respective matters submit that this court decided

            the FA No. 3893/2003 filed by the original claimants arising out of the same

            project in which rate of Rs.20,000/- per R. was enhanced.

            4.    In view of the submission made above, I find that once this Court has
                                                            FA 331/15 & Anr.
                                      2

enhanced the compensation arising out of the same project, the present

appeals filed by the State does not survive and hence, both the appeals

filed by the State are dismissed. Civil application filed in those appeals, if

any, also stands disposed of.

5.     Cross objections filed in above appeals be listed on 14.10.2026.



                                          ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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