THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. OBAD v. THE STATE OF MAH AND ORS
FA/1894/2012 · 2026-08-29
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[ 2015 DAILYLAW 3019 (BOM) · dailylaw.ai ]
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[ 2015 DAILYLAW 3019 (BOM) · dailylaw.ai ]
Judgment text
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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 2026:BHC-AUG:40641
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.
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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