Diii Court disposed of a writ petition after accepting the A.G.P.'s undertaking that an outstanding application under section 28A of the Land Acquisition Act would be decided within six weeks.
To decide the petitioner's application under section 28A of the Land Acquisition Act within 6 weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1152 OF 2008
Smt.Bhagirathi Maruti Nemane .. 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
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Respondent on 23.04.2004 along with all the required
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 28.01.2004 in L.A.R. No.160 of 2004. 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.)
1 issue framed by the court
Whether the court should direct the respondents to dispose of an outstanding application under section 28A of the Land Acquisition Act.
1 provisions across 1 enactments
Smt.Bhagirathi Maruti Nemane
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