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Bombay High CourtWP/10091/2015disposed offdismissed for default

Fulchand Nilkant Khajure v. The State Of Maharashtra And Anothers

2015-10-09Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD.

992 WRIT PETITION NO. 10091 OF 2015 FULCHAND NILKANT KHAJURE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHERS ...

Advocate for Petitioners : Mr. Lale Yelwatkar S. N. GP for Respondents:Mr. A.B. Girase ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Date: October 09, 2015 ...

PER COURT :- The petitioner is praying for directions to the respondents to take decision on the applications, tendered by him, under section 28-A of the Land Acquisition Act, in the year 2007 and 2015 respectively, within a specified period. It is pointed out that the Award was passed by the Land Acquisition Officer in the year 1995; whereas the reference application, which is the basis for tendering an application under section 28-A of the Act came to be decided on 29.4.2006. The limitation prescribed for presentation of an application under section 28-A of the Act is three months; whereas, applications appear to have been presented in the year 2007 and 2015 respectively.

In the facts of the case, we dispose of this petition with directions to the Sub-divisional Officer to take decision on the applications tendered by the petitioner expeditiously and as far as possible within a period of six months from today. The Sub Divisional Officer shall take into consideration the issue of limitation in tendering the applications under section 28-A of the Act while taking decision in the matter.

In view of above, writ petition is disposed of. ( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

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