Gopal Govind Mule And Others vs The State Of Maharashtra And ...
2021 Latest Caselaw 8780 Bom

                                            1                                  49 wp.7314.21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                          49 WRIT PETITION NO.7314 OF 2021

                       GOPAL GOVIND MULE AND OTHERS
                                  VERSUS
                   THE STATE OF MAHARASHTRA AND ANOTHER
                                       ...
Advocate for Petitioners : Mr. Ajeet B. Kale.
AGP for Respondents: Mr. S. G. Karlekar.
                                       ...


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

                                     DATE       :   05th July, 2021.

P.C.:

.                  The learned counsel submits that the application filed by

the petitioners under Section 28-A of the Land Acquisition Act is

pending since the year 2009. The applications of similarly situated

persons have been decided by the SLAO on the basis of judgment of

the Apex Court.

2                  Issue notice to the Respondents.



3                  Mr. Karlekar, learned AGP accepts notice of the

Respondent/State and submits that the application filed by the

petitioners is after judgment in appeal, in fact the application under

Section 28-A of the Land Acquisition Act ought to have been filed

within one month from the judgment of the Reference Court under

Section 18 of the Land Acquisition Act.

                                                   2                                49 wp.7314.21.odt




      4                  According to Mr. Kale, learned counsel for petitioners the

other applications under Section 28-A decided by the SLAO pursuant

to the judgment of the Apex Court, were on the same lines.

5 We need not enter into the arena of the said dispute.

6 As the application is pending with Respondent No.2, the

Respondent No.2 shall decide the same on its own merits in

accordance with law and policy, preferably within six months.

7 It is made clear that all the contentions of petitioners and

respondents are kept open.

8 The writ petition is disposed of. No costs.

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