Baburao Vithoba Jadhav v. The State Of Maharashtra And Others

1 907-WP-12194-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12194 OF 2018 ARUN SADASHIV JAGDHANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. R. B. Salve AGP for Respondents : Mr. A.B. Chate ...

WITH WP/12180/2018 WITH WP/12197/2018 WITH WP/12198/2018 ..

CORAM : S.S. SHINDE AND K.K. SONAWANE, JJ.

DATED : 14th DECEMBER, 2018 Order :- Heard learned counsel appearing for parties.

2.

Learned counsel appearing for petitioners submits that lands of the petitioners were acquired. Pursuant to acquisition award was passed. The petitioners have filed application under Section 28-A of the Land Acquisition Act, 1894 before the authority. These applications are pending with respondent No. 3. There is innocuous prayer in as much as direction is sought to said authority to decide the applications within stipulated period on its own merit.

3.

In the light of above, we direct respondent No. 3 to decide said pending applications filed by the petitioners, as expeditiously

2 907-WP-12194-18 as possible, however, within a period of three months from today on its own merits and considering the ratio laid down in the case of Narendra and others vs. State of Utter Pradesh and others, reported in (2017) 9 Supreme Court Cases, 426, and communicate the same to the petitioners. Needless to further observe that, if procedure contemplates hearing of the parties, respondent No. 3 shall offer said opportunity to the parties. The parties will be at liberty to bring to the notice of respondent No. 3 the judgment in the case of Narendra and others vs. State of Utter Pradesh and others, reported in (2017) 9 Supreme Court Cases, 426.

4.

With the above observations, writ petitions stand disposed of.

5.

Parties to act upon authenticated copy of this order. [ K. K. SONAWANE, J. ] [ S. S. SHINDE, J. ] MTK