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Bombay High CourtWP/4184/2025dismissed

Mahadeo Sadashiv Jogi And Others v. The State Of Maharashtra, Thr. Collector, Chandrapur And Others

2026-04-09Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode1 pages

2026:BHC-NAG:5651-DB 1 WP-4184-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.4184 OF 2025 [Mahadeo Sadashiv Jogi and others Vs. The State of Maharashtra, through Collector, Chandrapur and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms Kirti Satpute, Counsel for Petitioners.

Shri A.V. Palshikar, Assistant Government Pleader for Respondent Nos.1 and 2. CORAM : ANIL S. KILOR AND RAJ D. WAKODE , JJ.

D ATE : 9 th APRIL, 2026 .

1.

Heard Ms Kirti Satpute, learned counsel for the petitioners. 2.

The grievance of the petitioners is that the respondent No.2Sub-Divisional Officer Cum Land Acquisition Officer, Chandrapur, has rejected the application of the petitioner under Section 28A of the Land Acquisition Act, 1894 on the ground that the petitioners were relying upon the Award passed by the Lok Adalat in Land Acquisition Case No.29 of 1996.

3.

This is the sole ground on which the application under Section 28A of the aforesaid Act preferred by the petitioners is rejected, which is being sought to challenge by the petitioners. The learned counsel for the petitioners fairly submits that the issue involved in this matter is covered by the judgment of the Supreme Court in the case of New Okhla Industrial Development Authority (Noida) Vs. Yunus and others, in 2022 LiveLaw (SC) 123, wherein the Hon'ble Supreme Court has held that an application under Section 28A of the Land Acquisition Act cannot be maintained on the basis of an Award passed by the Lok Adalat. 4.

In view of above, there is no merit in the petition and the same is accordingly dismissed.

(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) LANJEWAR