Bombay High Court
THE STATE OF MAH AND ORSversusSHIVAJI MUKATAJI BHONDAVE
- Disposal
- DISMISSED
Holding
The appeals are dismissed as there is no ground to intervene where the Government Resolution limits enhancement of compensation to four times.
Summary
The State of Maharashtra appealed against orders of the Joint Civil Judge, Senior Division, Omerga that granted enhanced compensation to three claimants in LAR Nos. 722, 693 and 711 of 2005. The State relied on Government Resolution No. Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 3 November 2016, as amended, which stipulated that the reference would not be challenged if compensation was enhanced only up to four times. The High Court examined whether the appellate court could interfere with the lower court’s award in light of this resolution. Finding that the resolution expressly barred any challenge beyond the four‑fold limit and that the enhanced awards fell within that limit, the Court saw no basis to intervene. Consequently, the appeals were dismissed and the related civil applications were disposed of.
Issues considered
- Whether the High Court can intervene in the lower court's award of enhanced compensation when a Government Resolution bars challenges if the enhancement is up to four times.
Subjects
- enhanced compensation
- government resolution
- appellate jurisdiction
- civil appeal
- Maharashtra
- High Court of Bombay
Judgment
2026:BHC-AUG:25550
943-FA-961-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
943 FIRST APPEAL NO. 961 OF 2014
The State Of Mah And Ors
VERSUS
Shivaji Mukataji Bhondave
WITH
FIRST APPEAL NO. 962 OF 2014
The State Of Mah And Ors
VERSUS
Balbhim Maruti Mate
WITH
FIRST APPEAL NO. 965 OF 2014
The State Of Mah And Ors
VERSUS
Tukaram Maruti Mate L.rs. Kamalabai Tukaram Mate
WITH
CIVIL APPLICATION NO. 11322 OF 2010
IN FA/961/2014
The State Of Mah And Ors
VERSUS
Shivaji Mukataji Bhondave
WITH
CIVIL APPLICATION NO. 11324 OF 2010
IN FA/965/2014
The State Of Mah And Ors
VERSUS
Tukaram Maruti Mate L.rs. Kamalabai Tukaram Mate
WITH
CIVIL APPLICATION NO. 11320 OF 2010
IN FA/962/2014
The State Of Mah And Ors
VERSUS
Balbhim Maruti Mate
Shubham Page 1 of 2
943-FA-961-2014.doc
...
Mr. A. D. Wange, AGP for Appellant/State.
Mr. M. P. Tripathi for the Respondents.
….
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 25 JUNE 2026
P. C.:
1. Heard learned counsel for the respective parties in all these Appeals.
2. By these Appeals, the Appellants are assailing the orders dated 13 th
March 2009 passed by learned Jt. Civil Judge Senior Division, Omerga in
LAR Nos.722 of 2005, 693 of 2005 and 711 of 2005 whereby enhanced
compensation came to be granted to the Claimants.
3. In fact the State Government vide Government Resolution No.
Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 3rd November 2016 with
Corrigendum dated 23rd February 2017 and 13th August 2018 to the said
Government Resolution, took a decision not to challenge the reference, if
compensation is enhanced only upto four times.
4. Therefore, I do not find any reason to intervene in these Appeals.
Hence, the present Appeals are dismissed.
5. In view of dismissal of the Appeals, the captioned Civil Applications
filed therein do not survive and are disposed of accordingly.
[SIDDHESHWAR S. THOMBRE, J.]
Shubham Page 2 of 2
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