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Bombay High Court

THE STATE OF MAHARASHTRA AND ORSversusMANMATH MAHALING SWAMI AND ANR

Disposal
DISMISSED

Holding

The appeal is dismissed as the compensation awarded is within the four‑times limit and the State had waived the right to challenge the reference court’s award.

Summary

The State of Maharashtra appealed the judgments of the reference court that awarded compensation to the respondents. The State contended that the compensation was within the four‑times limit prescribed under the State Liability Act (SLAO) and that a Government Resolution dated 03‑Nov‑2016, with later corrigenda, indicated the State would not challenge the reference if the award did not exceed four times the SLAO amount. The High Court examined whether there was any ground to interfere with the reference court’s award. Finding that the compensation did not exceed the four‑times ceiling and that the State had expressly waived its right to challenge, the Court dismissed the appeals. Accordingly, any pending civil applications were also disposed of.

Issues considered

  • Whether the compensation awarded exceeds the four‑times limit under the State Liability Act.
  • Whether the State can challenge the reference court’s award despite the Government Resolution waiving such challenge.
  • Whether pending civil applications survive after the dismissal of the appeal.

Subjects

  • compensation
  • State Liability Act
  • reference court
  • appeal
  • government resolution
  • civil application

Judgment

2026:BHC-AUG:28577

                                                                     22-FA-2743-2017.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                               22 FIRST APPEAL NO. 2743 OF 2017

                                 The State Of Maharashtra And Ors
                                              VERSUS
                                 Manmath Mahaling Swami And Anr

                                              WITH
                                  FIRST APPEAL NO. 2748 OF 2017

                                The State Of Maharashtra And Ors
                                             VERSUS
               Ramling Bhasling @ Mahaling Swami Died His Lrs Shardhabai And Ors

                                               WITH
                               CIVIL APPLICATION NO. 15463 OF 2016
                                          IN FA/2748/2017

                                The State Of Maharashtra And Ors
                                             VERSUS
               Ramling Bhasling @ Mahaling Swami Died His Lrs Shardhabai And Ors

                                               WITH
                               CIVIL APPLICATION NO. 15460 OF 2016
                                          IN FA/2743/2017

                                 The State Of Maharashtra And Ors
                                              VERSUS
                                 Manmath Mahaling Swami And Anr

                                                  ...
          Mr. S. S. Dande, AGP for State.
                                                  ...


                                            CORAM :     SIDDHESHWAR S. THOMBRE, J.
                                            DATE :      10 JULY 2026

          P. C.:

          1.        Heard the learned AGP for the Appellant/State.

          Shubham                                                              Page 1 of 2
                                                              22-FA-2743-2017.doc


2.        By these Appeals, the Appellants assail the judgments and awards

dated 03.05.2014 passed by the Reference Court in L.A.R. Nos.618 and 574

of 2002.

3.        Learned AGP submits that the compensation granted by the learned

Reference Court is within four times the compensation granted by the SLAO.

4.        In   fact   the   State   Government   vide   Government     Resolution

No.Sankirna-2014/Prak.Kra.4/Bham-1/A-4             dated    03.11.2016           with

Corrigendum dated 23.02.2017 and 13.08.2018 to the said Government

Resolution, took a decision not to challenge the reference, if compensation is

enhanced only upto four times.

5.        Therefore, I do not find any reason to intervene with the impugned

orders. Hence, the present Appeals are dismissed.

6.        In view of dismissal of the Appeal, pending Civil Applications, if any,

do not survive and are disposed of accordingly.



                                          [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                 Page 2 of 2


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