Petitioners challenged non-disposal of an application under Section 28A of the Land Acquisition Act. The Respondent submitted an affidavit stating that awards were passed for part of the land while the application regarding Survey Nos. 15/12 and 19/2 remains pending.
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35(iii)-WP.8488.2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8488 OF 2016
Shri. Anant Krushna Thakur } and Ors. } Petitioners versus The Special Land Acquisition } Officer, Metro Centra No. 2 } and Anr. } Respondents
Mr. S. S.Kulkarni for the petitioners.
Ms. M. P. Thakur-AGP for State.
CORAM :- DR. MANJULA CHELLUR, C.J. & N.M.JAMDAR, J.
DATE :- AUGUST 2, 2017
P.C. :-
in not disposing of an application filed by them under section 28A of the Land Acquisition Act, 1894. The Land Acquisition Officer concerned has filed an affidavit explaining the course of action taken on the application. Paragraphs 4 and 5 of the affidavit in reply clearly indicate the action taken and also the reference under section 28A being pending. Paragraphs 4 and 5 of the affidavit in reply read as under:-
“4. I say that the applications at Exh. A to the writ petition, of the Petitioners made under Section 28A of Land Acquisition Act, 1894 have been decided by this
Page 1 of 2
J.V.Salunke,P.S.
35(iii)-WP.8488.2016.doc
Respondent and Award under Section 28A in respect of the land of the Petitioners was passed. Hereto annexed and marked as Exhibit 1 Colly. are copies of the Awards.
nothing remains for us to consider in the matter on merits. Accordingly, the writ petition is disposed of in the light of the above observations.
Page 2 of 2
J.V.Salunke,P.S.
Shri. Anant Krushna Thakur
The Special Land Acquisition Officer, Metro Centra No. 2
DR. MANJULA CHELLUR
N.M.JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
