Bombay High Court
STATE OF MAHversusBABURAO PANDURANG MASKE and ORS
- Disposal
- DISMISSED
Holding
The appeal is dismissed because the compensation awarded is within four times the SLAO award, as per the Government Resolution.
Summary
The State of Maharashtra appealed the judgment and award dated 24 April 2004 rendered by the Reference Court in L.A.R. No.54/1998, contending that the compensation granted to the respondents was excessive. The learned Advocate General for the State argued that the compensation was within four times the amount awarded by the State Legal Aid Office (SLAO). The Court examined a Government Resolution (No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 dated 3 November 2016, with corrigenda dated 23 February 2017 and 13 August 2018) which stipulated that the State would not challenge the reference award if the compensation was enhanced only up to four times the SLAO award. Finding that the compensation fell within this prescribed limit, the Court saw no ground to interfere with the Reference Court’s award. Consequently, the appeal was dismissed and any pending civil applications were ordered to be disposed of.
Issues considered
- Whether the compensation awarded by the Reference Court exceeds four times the compensation granted by the SLAO, warranting interference.
- Whether the Government Resolution precludes the State from challenging the award if it is within four times the SLAO amount.
Subjects
- compensation
- reference court
- government resolution
- appeal
- civil applications
- dismissal
Judgment
2026:BHC-AUG:45718
3-FA-798-2008.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
3 FIRST APPEAL NO. 798 OF 2008
State Of Mah
VERSUS
Baburao Pandurang Maske And Ors
...
Mr. D. R. Korde, AGP for the State/Appellant.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 24 SEPTEMBER 2026
P. C.:
1. Heard the learned AGP for the State/Appellant.
2. By this appeal, the Appellant assails the judgment and award dated
24.04.2004 passed by the Reference Court in L.A.R. No.54/1998.
3. Learned AGP 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
award. Hence, the present Appeal is 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 1 of 1
Checking your session…