Nathuram Kathor Ulwekar And ORS v. The Special Land Acquisition Officer, Metro Centre No.5, Panvel And ANR

wp2407 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.2407 OF 2014 Nathuram Kathor Ulwekar & Ors.

...Petitioners

vs.

The Special Land Acquisition Officer and another

...Respondents

Mr.Sachin Punde for the Petitioners Mr.V.S.Gokhale, AGP for the respondent Nos.1 and 2 CORAM : A.S.OKA, & REVATI MOHITE DERE, JJ.

DATE : JULY 23, 2015 P.C.:

Perused the petition. The grievance in this petition is that the applications dated 3rd September 1993 (Exhibit-B collectively) filed under subsection 1 of section 28A of the Land Acquisition Act,1894 have been kept pending for considerably long time and the same are not being decided. The learned AGP has no instructions about the status of the said applications.

Hence, we dispose of the said petition by passing the following order:

(I) We direct the petitioners or their authorised representative to remain present before the first respondent on 17th August 2015 at 11.00 a.m;

(II) The petitioners or their authorised

wp2407 representative shall produce office copies of applications dated 3rd September 1993 along with an authenticated copy of this order before the second respondent;

(III) If the applications made by the petitioners are already decided, the copies of the orders/Awards shall made available to the petitioners within a period of two weeks from 17th August 2015;

(IV) If the applications are still pending and if there is no appeal pending against the Awards on which the applications are based, the second respondent shall proceed to decide the said applications in accordance with law within a period of six months from 17th August 2015; (V) If the appeals challenging the Awards on the basis of which applications are made are still pending, the said applications shall be decided within a period of six months from the date of the disposal of the Appeals.

(REVATI MOHITE DERE,J.) (A.S.OKA,J.)