Bombay High Court
THE EXECUTIVE ENGINEER SINA KOLEGAON MED PROJECT PARANDA THR MAH KRISHNA VALLEY DEV CORPNversusTHE STATE OF MAHARSHTRA AND ORS
- Disposal
- PARTLY ALLOWED AND PARTLY DISMISSED
Holding
The Court dismissed the present first appeals, applying the earlier order dated 12 August 2026 which had already resolved the identical controversy.
Summary
The Acquiring Body filed multiple first appeals challenging judgments and awards of the Reference Court concerning land acquisition for the Sina‑Kolegaon Medium Project in Domgaon and Sonari villages. The appellants argued that the same lands, purpose, and notifications were involved in a prior decision of this Court dated 12 August 2026 in First Appeal No. 281 of 2012. The State, through its A.G.P., conceded that the earlier order fully covered the present controversy. The Court examined the submissions and, accepting the admitted position, held that the earlier judgment was binding on the current appeals. Consequently, all the present first appeals were dismissed in accordance with the 12 August 2026 order, and any civil applications were deemed disposed.
Issues considered
- Whether the present first appeals can be decided independently of the earlier judgment in First Appeal No. 281 of 2012, or must be dismissed on the ground that the controversy is identical and already settled.
Subjects
- land acquisition
- reference court
- public purpose
- appeal dismissed
- precedent
- binding judgment
- acquisition of land
Judgment
2026:BHC-AUG:40653
901-FA-3470-2015.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 FIRST APPEAL NO. 143 OF 2011
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 3472 OF 2011
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State of Maharashtra Through Collector Osmanabad And Others
AND
FIRST APPEAL NO. 3537 OF 2011
The Executive Engineer, Minor Irrigation Division, Osmanabad
Through Maharashtra Krishna Valley Development Corporation
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 3439 OF 2011
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 3440 OF 2011
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
Through Maharashtra Krishna Valley Development Corporation
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 1893 OF 2012
Maharashtra Krishna Valley Development Corporation
Through Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
901-FA-3470-2015.odt
2
AND
FIRST APPEAL NO. 1894 OF 2012
Maharashtra Krishna Valley Development Corporation
Through Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 1050 OF 2013
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
Through Maharashtra Krishna Valley Development Corporation
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 142 OF 2011
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 1966 OF 2012
Maharashtra Krishna Valley Development Corporation
Through Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 289 OF 2012
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
Osmanabad
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 1621 OF 2010
Maharashtra Krishna Valley Development Corporation
Through Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
901-FA-3470-2015.odt
3
AND
FIRST APPEAL NO. 3449 OF 2011
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 3450 OF 2011
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 3470 OF 2011
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
AND
FIRST APPEAL NO. 3471 OF 2011
The Executive Engineer, Sina Kolegaon Medium Project, Paranda
VERSUS
The State Of Maharashtra And Others
……
Mr. Rajale Gulab, Advocate for Appellant-Acquiring Body
Mr. S.S. Dande, AGP for Respondents No.1 and 2-State
Mr. A.S. More, Advocate for Respondents-Claimants
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 29 AUGUST, 2026
PER COURT :
1. FIRST APPEAL Nos. 289/2012, 1621/2010, 3449/2011, 3450/2011,
3470/2011, 3471/2011 are not on board. Upon mentioning, the same are
taken on board.
2. Heard the learned counsel for the respective parties.
901-FA-3470-2015.odt
4
3. The present appeals are filed by the Acquiring Body challenging the
Judgments and Awards dated 29.01.2010, 22.03.2011, 14.06.2011,
01.04.2011, 23.08.2011, 20.04.2011, 12.04.2011, 29.09.2010, 06.07.2011,
16.04.2011 and 29.03.2010 passed by the learned Reference Court in Land
Acquisition Reference Nos. 82 of 2006, 26 of 2007, 711 of 2001, 713 of
2001, 750 of 2001, 728 of 2001, 744 of 2001, 758 of 2001, 72 of 2006, 747
of 2001, 730 of 2001, 712 of 2001, 685 of 2000, 33 of 2007 and 99 of 2006,
respectively.
4. The learned counsel for the appellant-Acquiring Body as well as the
original claimants have tendered across the Bar a copy of the order dated
12.08.2026 passed by this Court in First Appeal No. 281 of 2012 (The
Executive Engineer, Minor Irrigation Division, Osmanabad Vs. The State of
Maharashtra and Others) and connected matters. It is submitted that the
lands of the claimants in the present appeals were acquired from the same
villages, namely, Domgaon and Sonari, for the same public purpose, i.e.
Sina-Kolegaon Medium Project, and under the same notifications as involved
in the aforesaid appeals. It is, therefore, submitted that the controversy
involved in the present appeals is squarely covered by the aforesaid order
dated 12.08.2026 passed by this Court in First Appeal No. 281 of 2012
(supra) and connected matters and, consequently, the present appeals may
also be disposed of in terms thereof. The learned A.G.P. appearing for the
respondent-State fairly concedes the aforesaid position.
901-FA-3470-2015.odt
5
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 appeals is squarely covered by the order
dated 12.08.2026 passed by this Court in First Appeal No. 281 of 2012
(supra) and connected matters, wherein the appeals filed by the Acquiring
Body came to be dismissed, I see no reason to take a different view. The
present appeals, therefore, deserve to be dismissed in terms of the said
order.
6. The First Appeals are dismissed in terms of the order dated
12.08.2026 passed by this Court in First Appeal No. 281 of 2012 (supra)
and connected matters.
7. The Civil Applications, if any, stand disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
Checking your session…