Bombay High Court
THE EXE ENGINEER MEDIUM PROJECT LATURversusBABU BHAURAO JADHAV (DIED) THROUGH LRS AND ORS
- Disposal
- DISMISSED
Holding
The court held that, because the compensation awarded was within the four‑times limit prescribed by the government resolution, there was no basis to intervene and the appeals were dismissed.
Summary
The Exe Engineer Medium Project Latur filed multiple appeals challenging compensation awards granted by the Civil Judge Senior Division in several civil suits. The State Government, via a 2016 resolution (with later corrigenda), declared it would not contest reference‑court compensation if the amount was enhanced only up to four times the award given by the State Legal Aid Office (SLAO). The learned Assistant Government Pleader contended that the compensation awarded by the reference court was within this four‑fold ceiling. The bench examined the resolution and concluded there was no ground to intervene in the lower court’s orders. Accordingly, the appeals were dismissed and any pending civil applications were disposed of.
Issues considered
- Whether the State Government may challenge a reference‑court compensation award that exceeds four times the SLAO award.
- Whether the appellate court has jurisdiction to intervene in compensation awards when a government resolution limits challenges to amounts up to four times the SLAO award.
Subjects
- compensation
- reference court
- government resolution
- appeal
- civil procedure
- dismissal
Judgment
2026:BHC-AUG:26433
1 of 4 15-FA.1949.2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
15 FIRST APPEAL NO. 1949 OF 2013
THE EXE ENGINEER MEDIUM PROJECT LATUR
VERSUS
KASHIBAI SOPANRAO WAGHULE (DIED) THROUGH LRS AND ORS
...
Ms. Madhubala Gangwal Patni, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
...
AND
CIVIL APPLICATION NO. 6124 OF 2009
IN FA/1950/2013
THE EXE ENGINEER MEDIUM PROJECT LATUR
VERSUS
VENKAT BHIMRAO RUEKAR AND ANR
…
Ms. Madhubala Gangwal Patni, Advocate for Applicant.
Mr. S. S. Dande, AGP for Respondent-State.
AND
CIVIL APPLICATION NO. 6129 OF 2009
IN FA/1949/2013
THE EXE ENGINEER MEDIUM PROJECT LATUR
VERSUS
KASHIBAI SOPANRAO WAGHULE (DIED) THROUGH LRS AND ORS
…
Ms. Madhubala Gangwal Patni, Advocate for Applicant.
Mr. S. S. Dande, AGP for Respondent-State.
AND
CIVIL APPLICATION NO. 6131 OF 2009
IN FA/1951/2013
THE EXE ENGINEER MEDIUM PROJECT LATUR
VERSUS
BABU BHAURAO JADHAV (DIED) THROUGH LRS AND ORS
…
Ms. Madhubala Gangwal Patni, Advocate for Applicant.
Tauseef
2 of 4 15-FA.1949.2013
Mr. S. S. Dande, AGP for Respondent-State.
Mr. Gajanan K. Sontakke, Advocate for Respondent Nos.1 to 7.
AND
CIVIL APPLICATION NO. 6122 OF 2009
IN FA/1954/2013
THE EXE ENGINEER MEDIUM PROJECT
VERSUS
ANNARAO DIGAMBER PATIL AND ANR
…
Ms. Madhubala Gangwal Patni, Advocate for Applicant.
Mr. S. S. Dande, AGP for Respondent-State.
AND
FIRST APPEAL NO. 1952 OF 2013
THE EX ENGINEER MEDIUM PROJECT LATUR
VERSUS
OMPRAKASH SHANKARRAO PIND AND ANR
…
Ms. Madhubala Gangwal Patni, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
AND
FIRST APPEAL NO. 1953 OF 2013
THE EXE ENGINEER MEDIUM PROJECT LATUR
VERSUS
ISMAIL MEHEBOOB SAHEB SHAIKH AND ANR
…
Ms. Madhubala Gangwal Patni, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
AND
FIRST APPEAL NO. 1951 OF 2013
THE EXE ENGINEER MEDIUM PROJECT LATUR
VERSUS
BABU BHAURAO JADHAV (DIED) THROUGH LRS AND ORS
…
Ms. Madhubala Gangwal Patni, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
Tauseef
3 of 4 15-FA.1949.2013
AND
CIVIL APPLICATION NO. 6133 OF 2009
IN FA/1952/2013
THE EX ENGINEER MEDIUM PROJECT LATUR
VERSUS
OMPRAKASH SHANKARRAO PIND AND ANR
…
Ms. Madhubala Gangwal Patni, Advocate for Applicant.
Mr. S. S. Dande, AGP for Respondent-State.
AND
CIVIL APPLICATION NO. 6126 OF 2009
IN FA/1953/2013
THE EXE ENGINEER MEDIUM PROJECT LATUR
VERSUS
ISMAIL MEHEBOOB SAHEB SHAIKH AND ANR
…
Ms. Madhubala Gangwal Patni, Advocate for Applicant.
Mr. S. S. Dande, AGP for Respondent-State.
AND
FIRST APPEAL NO. 1950 OF 2013
THE EXE ENGINEER MEDIUM PROJECT LATUR
VERSUS
VENKAT BHIMRAO RUEKAR AND ANR
…
Ms. Madhubala Gangwal Patni, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
AND
FIRST APPEAL NO. 1954 OF 2013
THE EXE ENGINEER MEDIUM PROJECT
VERSUS
ANNARAO DIGAMBER PATIL AND ANR
…
Ms. Madhubala Gangwal Patni, Advocate for Appellant.
Mr. S. S. Dande, AGP for Respondent-State.
...
Tauseef
4 of 4 15-FA.1949.2013
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 2nd JULY, 2026
P.C.:-
1. Heard the learned counsel for the Appellants/State.
2. By these appeals, the Appellants are assailing the Judgments
and awards dated 27.03.2008 passed by the learned Civil Judge Senior
Division, Nilanga, District Latur in LAR Nos.30/1998, 33/1998,
28/1998, 31/1998, 29/1998 and 196/1998.
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 Appeals, pending Civil
Applications, if any, do not survive and are disposed of accordingly.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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