Prabhu Bhanudas Lakhe And Others v. The State Of Maharashtra Through District Collector And Others

2025:BHC-AUG:35651-DB Writ Petition No.14365/2025 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14365 OF 2025 Prabhu s/o Bhanudas Lakhe & ors.

... PETITIONERS

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. S.R. Kedar, Advocate for petitioners Mr. N.S. Tekale, A.G.P. for respondents No.1 to 3 .......

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 12th DECEMBER, 2025 O R D E R :

The present petition has been filed for directions to respondent No.2 to decide the application dated 19/6/2024, which is under Section 28-A of the Land Acquisition Act, 1894, within a stipulated period of time.

2.

In view of our order dated 2/12/2025, the learned A.G.P. has taken instructions from respondents No.2 and 3. The respondent No.3 submits that, in view of the letter dated 7/5/2025, which was the internal communication, the acquiring body is intending to challenge the award to the extent of interest only. However, as

Writ Petition No.14365/2025 :: 2 ::

regards the award for the acquisition i.e. apart from interest is concerned, the acquiring body has no intention to file any appeal. Therefore, taking into consideration this scenario, there is no hurdle for the respondent No.2 to decide the pending application under Section 28-A of the Land Acquisition Act. The statement is, therefore, made on behalf of the respondent No.2 that the said application would be decided within six months. The said statement is taken as undertaking.

3.

We dispose of the Writ Petition by directing the respondent No.2 to decide the said application under Section 28-A of the Land Acquisition Act within a period of six months from today. (HITEN S. VENEGAVKAR) (SMT. VIBHA KANKANWADI) JUDGE JUDGE FMPathan/-