Bombay High Court
EXECUTIVE ENGINEER,NANDUR MADHYAMESHWAR PROJECT.versusDINKAR MADHAVRAO BHAD. AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed because the enhanced compensation is less than Rs.2 lakh and, per administrative policy, no interference is warranted.
Summary
The appellant, Executive Engineer of the Nandur Madhyameshwar Project, filed a first appeal against a judgment and award dated 8 March 2022 that enhanced compensation awarded by a Reference Court. The enhancement amount was less than Rs.2 lakh. The High Court considered the administrative policy that appeals involving such limited enhancements are not to be interfered with. Consequently, the Court held that no interference with the impugned judgment was warranted. The appeal was dismissed, and the Court clarified that it did not examine the merits of the underlying claim. An interim application seeking condonation of delay was allowed, and all pending interlocutory applications were disposed of.
Issues considered
- Whether the High Court should interfere with the enhanced compensation award when the amount is less than Rs.2 lakh under the applicable administrative policy
Subjects
- Compensation
- Appeal
- Administrative policy
- Reference Court
- Dismissal
- Interim application
- Delay condoned
Judgment
21-FA(ST)-1000-2026.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO. 1000 OF 2026
WITH
INTERIM APPLICATION NO. 2061 OF 2026
WITH
INTERIM APPLICATION NO. 2059 OF 2026
Executive Engineer, Nandur
Madhyameshwar Project. … Appellant
V/s.
Dinkar Madhavrao Bhad And
Anr. … Respondents
Ms. Chaitrali Deshmukh, for Appellant-Applicant.
Mr. A. R. Patil, Additional GP for State-Respondent No.
2.
Mr. Sachin Gite, for Respondent no. 1.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 29, 2026
P.C.:
INTERIM APPLICATION NO. 2059 OF 2026
1. Considering the reasons assigned in paragraphs 2 and 3 of
the interim application, the same is allowed. The delay caused in
filing the first appeal stands condoned.
2. The interim application stands disposed of.
FIRST APPEAL (ST) NO. 1000 OF 2026
3. The present First Appeal arises from the judgment and
Award dated 08 March 2022 passed by the learned Civil Judge,
1
21-FA(ST)-1000-2026.doc
Senior Division, Niphad, in L.A.R. No. 19 of 2006. On
consideration of the enhanced compensation awarded by the
Reference Court, it is noticed that the amount of enhancement is
less than Rs.2 lakh. Having regard to the quantum involved and
the applicable administrative policy governing appeals in matters
involving such limited enhancement, I am of the view that no
interference with the impugned judgment and Award is warranted
in the present appeal.
4. In view of the aforesaid circumstance, the First Appeal is
dismissed.
5. It is clarified that this Court has not examined or adjudicated
upon the merits of the claims or the correctness of the findings
recorded by the Reference Court. The dismissal of the First Appeal
is confined to the ground that the amount of enhanced
compensation involved is less than Rs.2 lakh. The dismissal shall,
therefore, not be construed as an adjudication on the merits of the
judgment and Award under challenge.
6. In view of the disposal of the First Appeal, all pending
interlocutory applications, if any, do not survive and are
accordingly disposed of.
(AMIT BORKAR, J.)
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