Dhanraj S/O Maroti Karmenge And Others v. The State Of Maharashtra, Thr. The Collector, Wardha And Others
27-WP-114-23 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.
OF 20 Dhanraj S/o Maroti Karmenge, Village Kora, Tahsil Samudrapur, Dist. Wardha and ors. -vsThe State of Maharashtra, Thr. Collector, Wardha and ors. -------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri D. R. Bhoyar, Advocate for petitioners.
Smt S. S. Jachak, Assistant Government Pleader for respondent Nos. 1 and 2.
CORAM : A. S. CHANDURKAR AND MRS VRUSHALI V. JOSHI, JJ. DATE : January 06, 2023 Rule. Rule made returnable forthwith.
Learned Additional Government Pleader waives notice for respondent Nos.1 and 3. Notice on respondent No.2 is dispensed with in view of the order proposed to be passed. The petitioners pray for a direction to be issued to the respondent No.3-Special Land Acquisition Officer to decide the application under Section 28A of the Land Acquisition Act, 1894 that has been filed in the year 2012. In the said proceedings the petitioners sought enhancement in the amount of compensation pursuant to the adjudication of LAC No.149/2004. That award was the subject matter in First Appeal No.1253/2013 which came to be withdrawn on 17/03/2019. On 09/12/2019 the petitioners informed the office of the Collector that the aforesaid first appeal has been withdrawn and therefore the proceedings be decided. The application under Section 28A of the Act of 1894 is however pending.
In the aforesaid facts, the following order would serve the interests of justice :
27-WP-114-23 2/2 The petitioners through their authorised representative shall appear before the respondent No.3-Special Land Acquisition Officer on 23/01/2023. They shall produce a certified copy of the order dated 17/03/2019 in First Appeal No.1253/2013. After considering the same, the respondent No.3 shall decide the application preferred under Section 28A of the Act of 1894 within a period of six weeks from that date in accordance with law.
The writ petition is disposed of with aforesaid directions. No costs.
(Mrs Vrushali V. Joshi, J.) (A. S. Chandurkar, J.) Asmita ADWAIT BHANDAKKAR 18:02:12