Bombay High Court
THE CHIEF OFFICER MUNICIPAL COUNCIL, TULJAPURversusANAND SAHEBRAO SONJI AND ORS
- Disposal
- DISMISSED
Holding
The appeal is dismissed as the controversy is identical to that already decided in earlier appeals.
Summary
The Chief Officer Municipal Council, Tuljapur appealed judgments and awards dated 29 July 2016 that granted compensation in land acquisition matters (L.A.R. Nos.11 and 12 of 2013). The appellant argued that the controversy was identical to that already decided in First Appeal No.237 of 2017, which relied on First Appeal No.2343 of 2015, and therefore should be resolved in the same manner. The Court examined the submissions and accepted the admitted position that the issues were the same as in the earlier decisions. Relying on the precedent, the Court found no reason to depart from the earlier rulings and dismissed the present appeal. Consequently, the First Appeals were dismissed and any pending civil applications were also disposed of.
Issues considered
- Whether the present appeal challenging the compensation award is barred by the earlier decision in First Appeal No.237 of 2017 (i.e., res judicata).
Subjects
- land acquisition
- compensation
- res judicata
- appeal dismissed
- municipal council
- precedent
Judgment
2026:BHC-AUG:43018
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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