In a civil writ petition under Article 226, the court directed respondents to decide an unaddressed section 28A application regarding land acquisition compensation within six weeks.
Respondents directed to dispose of the Section 28A application within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1150 OF 2008
Shri Narayan Yashwant Prabalkar .. Petitioner.
vs.
State of Maharashtra & Ors. .. Respondents
Mr.S.N.Gawde i/b Mr.V.R.Kasle for the petitioner
Mr.V.A.Sonpal, A.G.P. for respondent nos.1 to 3
CORAM: J.N. PATEL, &
S.J. KATHAWALLA, JJ.
DATE: 4TH DECEMBER, 2008.
P.C.
1. Heard the learned counsel for the parties.
2. The petitioner is required to approach this
court as his application under section 28A of the Land
Acquisition Act has not been decided by the
respondents.
3. The petitioner filed the application under
section 28A of the Land Acquisition Act before the
Respondent on 02.01.01 along with all the required
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documents but the respondents have failed to take any
decision in the matter of re-determination of
compensation in respect of the acquisition of the land
of the petitioner as per the decision of the reference
court dated 22.12.2000 in L.A.R. No.108 of 1993. The
learned A.G.P. states that the matter is under process
and the decision would be taken within a period of 6
weeks.
4. We accept the statement of the learned A.G.P.
as an undertaking to this court. Petition is therefore
disposed of with a direction to the respondents to
dispose of the application of the petitioner in
accordance with law within a period of 6 weeks from the
date of passing of the order.
5. Ld.A.G.P. to communicate this order to the
Special Land Acquisition Officer who is dealing with
the matter.
(J.N. Patel, J.)
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(S.J. Kathawalla, J.)
2 provisions across 2 enactments
Shri Narayan Yashwant Prabalkar
State of Maharashtra
J.N. Patel
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court