STATE OF MAHARASHTRA Vs. SITARAM NARAYAN PATIL

JUDGEMENT

(1.) By the Order dated 21st March, 2009 passed by the Division Bench of this Court presided over by the Hon'ble Shri Justice B. H. Marlapalle and the Hon'ble Shri Justice D. J. Karnik in First Appeal No.70 of 1992 with First Appeal No.382 of 1993, the following questions are referred for the authoritative decision to the Larger Bench :-

(2.) In order to answer the issues referred above, brief survey of the facts in First Appeal No. 70 of 1992 giving rise to the Reference, may not be out of place.

(3.) The Reference to the Full Bench is restricted to the amendments seeking enhancement in the amount of compensation. If the questions framed are perused together with the order of Reference, it is clear that the Division Bench does not express its disagreement with the view taken by another Division Bench in Ashok Wani's case. The Division Bench refers to Single Judges' Judgment in the field and observes that there are conflicting views of Single Judges of this Court on the point of amendment of the Reference. The Division Bench then observes that an authoritative pronouncement is necessary on the subject. That is how it made the Reference. When we perused the order of Reference in its entirety, we expressed an opinion that the emphasis appears to be on having an authoritative pronouncement on the subject. That is how the arguments proceeded and even the Advocates appearing in other matters which may be affected by our views on the subject, were allowed to address the Bench.