Bombay High Court
FA/3687/2019 of EXECUTIVE ENGINEER, NIM DUDHANA PROJECT DIV. SELU THR GODAVARI MAHAMANDAL, AURANGABAD Vs THE STATE OF MAHARASHTRA AND ORS on 8 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 915 FIRST APPEAL NO. 3687 OF 2019 Executive Engineer, Nimn Dudhana Project Division, Selu, Through Godavari Mahamandal, Aurangabad VERSUS The State of Maharashtra and Ors WITH CIVIL APPLICATION NO. 15480 OF 2017 IN FA/3687/2019
3-sr915 and sr916.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 FIRST APPEAL NO. 3687 OF 2019
Executive Engineer, Nimn Dudhana Project Division, Selu, Through Godavari Mahamandal, Aurangabad
VERSUS
The State of Maharashtra and Ors
WITH
CIVIL APPLICATION NO. 15480 OF 2017
IN FA/3687/2019
AND
916 FIRST APPEAL NO. 3688 OF 2019
Executive Engineer, Nimn Dudhana Project Division, Selu, Through Godavari Mahamandal, Aurangabad
VERSUS
The State of Maharashtra and Ors
WITH
CIVIL APPLICATION NO. 15482 OF 2017
IN FA/3688/2019
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Mr.V.C.Solshe, Advocate for appellant – acquiring body Mr.S.N.Kendre and R.K.Ingole, AGP for respondent nos.1 and 2 – State in respective petition Mr.Kumar Gaurav More, Advocate for respondent no.3
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CORAM : AJIT B. KADETHANKAR, J.
DATE : OCTOBER 08, 2026
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ORDER :-
Feeling aggrieved by the judgment and award dated 16.05.2016 passed by learned 4th Joint Civil Judge Senior Division, Jalna, the acquiring body is in First Appeals before this court. 2026:BHC-AUG:48571
3-sr915 and sr916
2. The appellants challenged enhancement granted by the Reference Court in the compensation awarded by the Special Land Acquisition Officer against the compulsory acquisition.
3. Learned advocates for both sides cite an order dated 17.07.2026 passed by this Court in First Appeal No.3651 of 2019 (The GMIDC Ltd. Aurangabad, Thr. The Ex. Director and The Ex. Engineer Lower Dudhana Project Div. Jalna Versus Hari Tatya Borade (died) Thr. Sampat (died) Thr. Ambadas and Ors.) with connected matters. They submit that the cited matters arose out of the same land acquisition proceedings and are absolutely identical to the present matters. It is submitted that after considering all the contentions raised by the acquiring body in those appeals, the appeals are dismissed by this Court. Learned advocate for the appellant fairly submits that the grounds of objections in the said appeals as also in the present appeals are same and absolutely identical.
4. I have gone through the order in the cited matter. There is no reason for me to disagree with the view taken by this Court in the cited cases. Hence, I pass following order:-
3-sr915 and sr916 A) The First Appeals stand dismissed. B) Record and Proceedings be sent back to the Reference Court. C) The amount deposited by the acquiring body, if any, is permitted to be withdrawn by the respondents – claimant. Security, if any, already offered by the claimant stands discharged. D) The Court appreciates the assistance rendered by Mr.V.C.Solshe, learned advocate for the appellant – acquiring body. [AJIT B. KADETHANKAR, J.] ………..
KBP