Vithal Rayappa Kamble Died Thr His ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 15750 Bom

                                        1                                 wp 9919.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               152 WRIT PETITION NO.9919 OF 2021

     VITHAL RAYAPPA KAMBLE (DIED) THROUGH HIS LRS
          CHANDARBAI VITHAL KAMBLE AND OTHERS
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                           ...
     Advocate for Petitioners: Mr. J. M. Murkute
   AGP for Respondents No. 1 to 3: Mr. S. P. Tiwari
                           ...

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

                                       DATE:         15th NOVEMBER, 2021

 PER COURT:

1. Heard Mr. Murkute, learned Counsel for the

Petitioners and Mr. Tiwari, learned A.G.P. for

Respondents No. 1 to 3.

2. The grievance of the Petitioners is that the

applications under Section 28-A of the Land

Acquisition Act, 1894 are not decided on the

ground that the correction in the Award could not

have been made after six months. The Petitioners

were seeking re-determination of the compensation

under Section 28-A of the Land Acquisition Act,

1894 pursuant to the Award passed by the Reference

2 wp 9919.2021

Court under Section 18 of the Land Acquisition

Act, 1894.

3. In the view of above, we direct the Competent

Authority to decide the applications of the

petitioners U/Sec. 28-A of the Land Acquisition

Act, 1894 keeping in view the Judgment delivered

by the Reference Court in L.A.R. No. 477 of 2012.

Of course, it would consider all aspects such as

limitation and other aspects of the matter while

deciding the applications U/Sec. 28-A of the Land

Acquisition Act, 1894. The same shall be decided

afresh on it's own merits, preferably within a

period of six (06) months.

4. Writ Petition accordingly stands disposed of.

No costs.

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

marathe