Bombay High Court
THE STATE OF MAH AND ORSversusSHIVAJI MUKATAJI BHONDAVE
- Disposal
- DISMISSED
Holding
The Court held that there was no ground to intervene in the lower court’s enhanced compensation orders, given the State Government’s resolution limiting enhancement to four times, and therefore dismissed the appeals.
Summary
The State of Maharashtra appealed against three orders of the Joint Civil Judge, Senior Division, Omerga, which had granted enhanced compensation to the claimants in LAR Nos. 722, 693 and 711 of 2005. The State relied on Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 3 November 2016, as amended, which stipulated that the reference should not be challenged if compensation is enhanced only up to four times. The High Court examined whether the appellate court could set aside the lower court’s enhancement beyond that limit. Finding no merit to interfere and noting the resolution’s parameters, the Court dismissed the appeals. Consequently, the related civil applications were also disposed of.
Issues considered
- Whether the appellate court can interfere with the lower court’s order granting enhanced compensation beyond the limit prescribed by the State Government resolution
- Whether the State Government resolution is binding on the judiciary in determining the extent of compensation
- Whether the civil applications survive after dismissal of the appeals
Subjects
- compensation
- enhanced compensation
- government resolution
- appellate jurisdiction
- civil application
- dismissal
Judgment
2026:BHC-AUG:25551
943-FA-961-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
943 FIRST APPEAL NO. 961 OF 2014
The State Of Mah And Ors
VERSUS
Shivaji Mukataji Bhondave
WITH
FIRST APPEAL NO. 962 OF 2014
The State Of Mah And Ors
VERSUS
Balbhim Maruti Mate
WITH
FIRST APPEAL NO. 965 OF 2014
The State Of Mah And Ors
VERSUS
Tukaram Maruti Mate L.rs. Kamalabai Tukaram Mate
WITH
CIVIL APPLICATION NO. 11322 OF 2010
IN FA/961/2014
The State Of Mah And Ors
VERSUS
Shivaji Mukataji Bhondave
WITH
CIVIL APPLICATION NO. 11324 OF 2010
IN FA/965/2014
The State Of Mah And Ors
VERSUS
Tukaram Maruti Mate L.rs. Kamalabai Tukaram Mate
WITH
CIVIL APPLICATION NO. 11320 OF 2010
IN FA/962/2014
The State Of Mah And Ors
VERSUS
Balbhim Maruti Mate
Shubham Page 1 of 2
943-FA-961-2014.doc
...
Mr. A. D. Wange, AGP for Appellant/State.
Mr. M. P. Tripathi for the Respondents.
….
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 25 JUNE 2026
P. C.:
1. Heard learned counsel for the respective parties in all these Appeals.
2. By these Appeals, the Appellants are assailing the orders dated 13 th
March 2009 passed by learned Jt. Civil Judge Senior Division, Omerga in
LAR Nos.722 of 2005, 693 of 2005 and 711 of 2005 whereby enhanced
compensation came to be granted to the Claimants.
3. In fact the State Government vide Government Resolution No.
Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 3rd November 2016 with
Corrigendum dated 23rd February 2017 and 13th August 2018 to the said
Government Resolution, took a decision not to challenge the reference, if
compensation is enhanced only upto four times.
4. Therefore, I do not find any reason to intervene in these Appeals.
Hence, the present Appeals are dismissed.
5. In view of dismissal of the Appeals, the captioned Civil Applications
filed therein do not survive and are disposed of accordingly.
[SIDDHESHWAR S. THOMBRE, J.]
Shubham Page 2 of 2
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