The State Of Maharashtra And ANR v. Mahadeo Namdeo Mali

2026:BHC-AUG:11969 1 98 fa 1639.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 1639 OF 2025 The State of Maharashtra and another .. Appellants

Versus

Mahadeo Namdeo Mali .. Respondent Shri V. V. Jahagirdar, A.G.P. for the Appellants. Shri Sanjay A. Wakure, Advocate for the Respondent. CORAM : SHAILESH P. BRAHME, J.

DATE : 17TH MARCH, 2026.

FINAL ORDER :

.

Heard both sides finally with their consent.

2.

Appellants are assailing judgment and award dated 27.09.2005 passed in L. A. R. No. 374 of 1997. 3.

Learned Assistant Government Pleader Mr. Jahagirdar for the appellants submits that the enhancement from Rs. 180/- per R to Rs. 750/- per R is exorbitant and unreasonable. Enhancement is awarded without any evidence on record and therefore impugned judgment and award is liable to be quashed and set aside. It is further submitted that the Reference Court failed to take into consideration material on record in its proper perspective.

2 98 fa 1639.25 4.

Learned counsel for the respondent - claimant submits that the enhancement is just and same is marginally exceeding four times. Reference Court has taken plausible and reasonable view.

5.

I have gone through the impugned judgment and award. The findings recorded by the Reference Court in arriving at rate of Rs. 750/- per R cannot be faulted. The enhancement is marginally above the four time as laid down by the Government policy. I do not find that there is any illegality or perversity in passing the impugned judgment. No case is made out by the appellants to cause interference. First appeal is dismissed. [ SHAILESH P. BRAHME J. ] bsb/March 26