Pratibha Shrikrishna Pendse Died Thr. Lrs. Mahesh Rajendra Pendse Vs the State of Maharashtra and Others

According to the petitioner, his land has been acquired for public purpose and after declaration of award by the Land Acquisition Officer, he has not presented Reference Application before the Civil Court. However, another claimant covered by the same section 4 notification preferred a Reference Application to the civil Court which came to be decided on 8.8.1994 and award directing enhancement in amount of compensation has been passed by the Reference Court.

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The petitioner preferred application under Section 28-A of the Act on 28.10.1998, which is beyond the period prescribed under Section 28-A of Land Acquisition Act. Learned AGP appearing for

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the respondents contends that since the application has been presented beyond prescribed period of limitation, the Collector is not bound to declare the award and direct enhancement in the amount of compensation.

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In the facts and circumstances of the case, since the petitioner has presented the application under Section 28-A of the Act it would be the responsibility of the Collector to take appropriate decision and communicate same to the petitioner. The Collector, may take appropriate decision on application of the petitioner, in accordance with law and communicate the same to the petitioner, as expeditiously as possible, preferably within six months from today. With the aforesaid directions, writ petition is disposed of.

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Pratibha Shrikrishna Pendse Died Thr. Lrs. Mahesh Rajendra Pendse v. the State of Maharashtra and Others

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Pratibha Shrikrishna Pendse Died Thr. Lrs. Mahesh Rajendra Pendse v. the State of Maharashtra and Others

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