Bombay High Court
THE CHIEF OFFICER MUNICIPAL COUNCIL, TULJAPURversusSUREKHA RAJENDRA SONJI AND ORS
- Disposal
- DISMISSED
Holding
The appeal by the Chief Officer Municipal Council is dismissed.
Summary
The Chief Officer Municipal Council appealed judgments awarding compensation in two land acquisition cases (Surekha Rajendra Sonji and Anand Sahebrao Sonji). The appellant argued that the controversy was identical to matters previously decided by this Court in First Appeal No.237 of 2017 and First Appeal No.2343 of 2015, where the acquiring body’s appeal was dismissed. The Court examined the submissions and accepted the admitted fact that the issues were the same as those earlier decided. Relying on the prior orders, the Court found no reason to depart from the earlier rulings. Consequently, the appeal by the Municipal Council was dismissed, and any pending civil applications were also disposed of.
Issues considered
- Whether the present appeal by the Chief Officer Municipal Council should be decided differently from earlier judgments in First Appeal No.237 of 2017 and First Appeal No.2343 of 2015 concerning identical facts.
Subjects
- appeal
- precedent
- municipal council
- compensation
- civil procedure
- dismissal
Judgment
2026:BHC-AUG:43017
902-FA-4164-2016.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 FIRST APPEAL NO. 4164 OF 2016
The Chief Officer Municipal Council, Tuljapur
VERSUS
Surekha Rajendra Sonji And Others
WITH
FIRST APPEAL NO. 4168 OF 2016
The Chief Officer Municipal Council, Tuljapur
VERSUS
Anand Sahebrao Sonji And Others
……
Mr. K.K. Kulkarni, Advocate for Appellant in both FAs
Mr. A.M. Phule, AGP for Respondents No.4 and 5 in both FAs
Mr. A.D. Aghav, Advocate for Respondent No.1 and 2 in FA/4164/2016
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 16 SEPTEMBER, 2026
PER COURT :
1. Heard learned counsel for the respective parties.
2. This appeal arises out of the Judgments and Awards dated
29.07.2016 passed by the learned 4th Joint Civil Judge, Senior Division,
Osmanabad, in L.A.R. Nos.11 of 2013 and 12 of 2013.
3. Learned counsel Mr. Kulkarni for the appellant and the learned AGP
for the State, upon going through the record, submit that the controversy
involved in the present appeal is squarely covered by the order dated
04.09.2026 passed by this Court in First Appeal No.237 of 2017, wherein
this Court relied upon the order dated 21.08.2026 passed by this Court in
902-FA-4164-2016.odt
2
First Appeal No.2343 of 2015 and connected matters. By the said order, this
Court partly allowed the appeal preferred by the claimant and enhanced the
amount of compensation payable to the claimant therein, whereas the
appeal preferred by the acquiring body, i.e. the Chief Officer, Municipal
Council, Tuljapur, was dismissed. They, therefore, submit that the present
appeal may also be disposed of in terms of the said orders.
4. Having considered the submissions advanced by learned counsel for
the appellant and the learned AGP, and in view of the admitted position that
the controversy involved in the present appeal is identical to that decided by
this Court in First Appeal No.237 of 2017 vide order dated 04.09.2026,
relying upon the order dated 21.08.2026 passed in First Appeal No.2343 of
2015 and connected matters, I see no reason to take a different view.
Consequently, the challenge raised by the appellant-acquiring body cannot
be accepted. The present appeal, therefore, deserves to be dismissed.
5. The First Appeals are dismissed.
6. Pending Civil Applications, if any, also stand disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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