Narmadabai Naivrutti Khule And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2963 OF 2019 NARMADABAI NAIVRUTTI KHULE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. C. V. Thombre, Advocate for the petitioners. Mr. P. K. Lakhotiya, AGP for respondents.

CORAM :

S. V. GANGAPURWALA & MANGESH S. PATIL, JJ DATED : 20th JUNE, 2019.

PER COURT:- 1.

Mr. Thombre, the learned Counsel submits that the application is filed by the petitioners under Section 28 (A) (1) of the Land Acquisition Act seeking directions to the respondents to decide application. The same is not decided.

2.

Learned AGP accepts notice for respondent Nos. 1 to 3 and submits that if the application is within limitation, then only same is required to be entertained.

3.

The Competent Authority will have to pass an order on an application filed under Section 28 (A) (1) of the L.A. Act considering all relevant aspects of the matter including limitation. It is only if the application is within limitation then same can be entertained on merits. However, orders are

2 905-WP2963-19.doc required to be passed by the Competent Authority on the application. 4.

The Competent Authority shall take decision upon the application of the petitioner filed under Section 28 (A) (1) of the Land Acquisition Act after hearing of parties concern on its own merits, in accordance with law, expeditiously and preferably within a period of nine months from today. 5.

Writ Petition is disposed of. No costs.

( MANGESH S. PATIL ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.