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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