Jivan S/O Haribhau Awari And Others v. The State Of Maharashtra Thr. The Collector, Wardha And Others

26-WP-113-23 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Jivan S/o Haribhau Awari, 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.

Shri A. A. Madiwale, 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 Assistant 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 2015. In the said proceedings the petitioners sought enhancement in the amount of compensation pursuant to the adjudication of LAC No.07/2012. The award enhancing compensation was passed on 04/03/2015 however the application under Section 28A of the Act of 1894 is still pending.

In the aforesaid facts, the following order would serve the interests of justice :

The petitioners through their authorised representative shall appear before the respondent No.3-Special Land Acquisition Officer on 23/01/2023. The respondent No.3 shall

26-WP-113-23 2/2 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