Bombay High Court

THE EXECUTIVE ENGINEER, SINA KOLEGAON MEDIUM PROJECT,PARANDAversusBALNATH BHAGWAN SABLE AND OTHERS

Disposal: DISMISSED

Holding

The appeal is dismissed as the controversy is identical to that decided in First Appeal No.1511/2014.

Summary

The Executive Engineer appealed against a land‑acquisition award dated 30 April 2014, contending that the matter was distinct from a prior appeal (FA No.1511/2014). The respondents argued that the facts, notification, project, and villages were identical to the earlier case, differing only in the award date. The Court examined the submissions and accepted that the controversy was the same as in FA No.1511/2014. Consequently, the Court dismissed the present appeal, directing that any amount deposited by the acquiring authority could be withdrawn by the claimants with applicable interest, and disposed of any pending civil application.

Issues considered

Whether the present appeal should be decided on its own merits or can be disposed of by reference to the earlier decision in FA No.1511/2014
Whether the identical facts and notification justify applying the same outcome as the earlier case

Subjects

land acquisition
appeal
precedent
dismissal
civil procedure
interest on deposit

Judgment

2026:BHC-AUG:38543

                                                                             FA 3848/16
                                                 1

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 3 FIRST APPEAL NO. 3848 OF 2016

             THE EXECUTIVE ENGINEER, SINA KOLEGAON MEDIUM PROJECT,PARANDA
                                          VERSUS
                           BALNATH BHAGWAN SABLE AND OTHERS
                                             ...
                         Advocate for Appellant : Mr. Rajale Gulab B.
                          AGP for Respondent/State : Mr. D.R. Korde
                          Advocate for Respondent 4 : Mr. M.S. Patil
                                             ...

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

            PER COURT :-

            1.    Heard the learned counsel for the respective parties.


            2.       The present appeal arises out of the judgment and award dated

            30.4.2014 passed by the learned Civil Judge, Senior Division, Paranda in

            LAR No. 590/2011 (Old LAR No. 224/2003).


            3.       All the learned counsel appearing for respective parties tendered

            across the bar copy of the order dated 18.7.2026 passed by this Court in

            First Appeal No.1511/2014 (The Executive Engineer, Sina Kolegaon Project,

            Paranda, Osmanabad Vs. Mahadeo deorao Miskin (Died) Thr. L.Rs. And Ors.)

            and submit that present matter is covered in view of the order passed by

            this Court in FA No. 1511/2014 (supra). Mr. G.B. Rajale, learned counsel

            points out that the only difference is in respect of date of award. However,

            the lands in the present matter and in FA No. 1511/2014 were acquired

            under the same notification, for the same project and from the same

            villages. Therefore, they submit that the present appeal can be disposed of

            in view of the order passed by this court in FA No. 1511/2015.
                                                                      FA 3848/16
                                         2

4.       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 this Court in First Appeal No.1511/2014 (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 first appeal stands dismissed.

(ii)      The respondents/claimants are permitted to withdraw the amount,

if deposited by the appellant/acquiring body in this Court with accrued

interest thereon, if any, in accordance with law.

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



                                              ( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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