Sheshrao Shivram Patil And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 11794 Bom

                                      1                                wp 8997.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               912 WRIT PETITION NO.8997 OF 2021

             SHESHRAO SHIVRAM PATIL AND OTHERS
                           VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                             ...
      Advocate for Petitioners: Mr. Kale Abhijit B.
        AGP for Respondents/State: Mr. S. K. Tambe
                             ...

                                CORAM: S. V. GANGAPURWALA &
                                       R. N. LADDHA, JJ.

                                DATE:     25th AUGUST, 2021

 PER COURT:

 1.       The      issue        to   be    considered       in     the      present

writ petition is whether subsequent application U/ Sec. 28-A would be maintainable on the following facts and if the same is maintainable whether it is in limitation-

The petitioners moved an application U/Sec. 28-A of the Land Acquisition Act pursuant to the settlement arrived at in Lok Adalat wherein persons covered under the same Notification U/Sec. 4 of the Land Acquisition Act had filed Reference. The petitioners are awarded with the compensation amount on an application U/Sec. 28-A of the Land Acquisition Act as per the Compromise Award passed in the Lok Adalat.

2 wp 8997.2021

The another Reference pending before the Reference Court U/Sec. 18 of the Land Acquisition Act by another person covered under the same notification is subsequently allowed. The petitioner seeks to apply to the Special Land Acquisition Officer purportedly U/Sec. 28-A of the Land Acquisition Act for the enhanced amount of compensation as decided in Reference allowed subsequently.

2. The reliance is placed by the parties on the Judgment of the Hon'ble Apex Court in case of Bharatsing S/o Gulabsingh Jakhad and others Vs. The State of Maharashtra and others passed in Civil Appeal No. 21792 of 2017 dated December 12, 2017.

3. The learned A.G.P. accepts notice for all the respondents and seeks time.

4. Stand over to 06.10.2021.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

marathe