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Bombay High Court

THE STATE OF MAHversusMUKTABAI SOPAN

Disposal
DISPOSED OFF

Holding

The Court held that, in accordance with the State Government’s policy, the appeals were to be disposed of without further adjudication because the compensation awarded was within four times the SLAO amount.

Summary

The State of Maharashtra filed several first appeals (Nos. 681, 683, 688, 685, 686, 689 of 2008) against judgments and compensation awards dated 25 January 1996 rendered by the Land Reference Court, District Latur. The State argued that a policy decision of the State Government, embodied in a Government Resolution dated 03‑11‑2016 and a corrigendum dated 23‑02‑2017, directs that the State will not file or contest any appeal where the compensation awarded is within four times the amount awarded by the State Legal Aid Office (SLAO). The learned Advocate‑General for the State submitted that each of the present appeals fell within that four‑times limit. The High Court examined the policy and the submissions and concluded that the appeals must be disposed of in accordance with the Government’s resolution. Consequently, the Court disposed of all the appeals without further hearing, effectively dismissing them.

Issues considered

  • Whether the State is bound by its 2016‑2017 policy to refrain from filing or contesting appeals where the compensation awarded by the lower court is within four times the amount awarded by the State Legal Aid Office.

Subjects

  • compensation
  • government policy
  • appeal
  • Land Reference Court
  • State Legal Aid Office
  • Maharashtra
  • High Court
  • appeal dismissal

Judgment

2026:BHC-AUG:10297


                                                    1                           22 fa.681.08.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                 BENCH AT AURANGABAD.
                                22 FIRST APPEAL NO. 681 OF 2008

                                      STATE OF MAHARASHTRA
                                                 VERSUS
                                    SHIVNARAYAN SATLINGAPPA
                                                     ...
              AGP for Appellant / State : Mr. D. J. Patil.
                                                     ...

                                             AND
                                  FIRST APPEAL NO. 683 OF 2008

                                   THE STATE OF MAHARASHTRA
                                                 VERSUS
                                    MAHESH SUBHASH GAOKARE
                                                     ...
              AGP for Appellant / State : Mr. D. J. Patil.
                                                     …

                                             AND
                                  FIRST APPEAL NO. 688 OF 2008

                                   THE STATE OF MAHARASHTRA
                                                 VERSUS
                            ASHOK SANGAPPA GAOKARE AND OTHERS
                                                     ...
              AGP for Appellant / State : Mr. D. J. Patil.
              Advocate for Respondents: Mr. Ajinkya Deshpande, h/f Mr. Amit Deshpande.
                                                     …

                                             AND
                                  FIRST APPEAL NO. 685 OF 2008

                                   THE STATE OF MAHARASHTRA
                                                 VERSUS
                                     SURESH NIWARTI BHOSALE
                                                     ...
              AGP for Appellant / State : Mr. D. J. Patil.
              Advocate for Respondent : Mr. Ajinkya Deshpande, h/f Mr. Amit Deshpande.
                                                     …

                                             AND
                                  FIRST APPEAL NO. 686 OF 2008

                                  THE STATE OF MAHARASHTRA
                                           VERSUS
                                       MUKTABAI SOPAN
                                           2                           22 fa.681.08.odt


                                       ...
AGP for Appellant / State : Mr. D. J. Patil.
                                       ...

                                 AND
                      FIRST APPEAL NO. 689 OF 2008

                     THE STATE OF MAHARASHTRA
                                   VERSUS
                  SURYAKANT LIMBANAPPA GAOKARE
                                       ...
AGP for Appellant / State : Mr. D. J. Patil.
Advocate for Respondent : Mr. Ajinkya Deshpande, h/f Mr. Amit Deshpande.
                                       ...


                                   CORAM : SANJAY A. DESHMUKH, J.
                                   DATE        :   09th March, 2026.

P.C.:

1           These appeals are preferred against the judgment and

award dated 25th January, 1996 passed by the learned Land

Reference Court, District Latur, in LAR Nos.478, 486, 482, 479, 480

and 485 of 1989.



2           The learned AGP for the State submits that in view of the

policy decision of the State Government as per the Government

Resolution dated 03.11.2016 and the corrigendum dated 23.02.2017

issued thereto, the State Government has resolved not to file or

contest any appeal where the amount of compensation awarded by

the Reference Court is within four times of the amount awarded by the

SLAO.     He submits that the present first appeal deserves to be

disposed of in view of the aforesaid policy decision of the State
                                          3                          22 fa.681.08.odt


      Government, as the amount of compensation awarded by the

      Reference Court is within four times of the amount awarded by the

      SLAO.



      3          Considering the submissions of the learned AGP as well as

      the policy decision of the State Government, the appeals deserve to be

      disposed of. The first appeals are disposed of accordingly.




                                          [ SANJAY A. DESHMUKH, J. ]
nga


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