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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


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