Bombay High Court
THE STATE OF MAHARASHTRA AND ORSversusRAMLING BHASLING @ MAHALING SWAMI DIED HIS LRS SHARDHABAI AND ORS
- Disposal
- DISMISSED
Holding
The appeal is dismissed because the compensation awarded is within the four‑times limit permitted by the State Government's resolution and the SLAO.
Summary
The State of Maharashtra appealed against the judgments and awards dated 03.05.2014 passed by the Reference Court in L.A.R. Nos.618 and 574 of 2002, contending that the compensation awarded to the victims was excessive. The learned Advocate General for the State argued that the compensation was within four times the amount fixed by the State Liability Act (SLAO) and that the State Government, by its resolution dated 03.11.2016 (with subsequent corrigenda), had decided not to challenge the reference if the compensation was enhanced only up to four times. The Court examined the Government Resolution and the principle that the State would not contest a reference where the award does not exceed four times the SLAO amount. Finding no merit in the appeal, the Court dismissed the appeals and ordered that any pending civil applications related to the matter be disposed of. Consequently, the compensation awards of the Reference Court stand affirmed.
Issues considered
- Whether the compensation awarded by the Reference Court exceeds the permissible limit of four times the amount fixed under the State Liability Act.
- Whether the State Government's resolution precludes it from challenging the reference when compensation is enhanced up to four times.
Subjects
- compensation
- State Liability Act
- government resolution
- appeal
- high court
- reference court
Judgment
2026:BHC-AUG:28578
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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