R. M. S. KHANDEPARKAR, J.

( 1 ) HEARD. Rule. By consent, the rule is made returnable forthwith.

( 2 ) THE petitioner challenges the order rejecting his application under section 28-A of the Land Acquisition Act, 1894, hereinafter referred to as "the said Act" and the same was disposed of by the award dated 5-7-2003.

( 3 ) FEW facts relevant for the decision are that the property which originally belonged to the petitioner's father came to be acquired in the year 1980 and the award in that regard came to be passed on 16-3-1981. Being dissatisfied with the compensation awarded, the father of the petitioner filed an application for reference under section 18 of the said Act. However, the proceedings in the said reference were not diligently conducted on behalf of the father of the petitioner and the said reference came to be rejected under the order dated 1-4-1987. The father of the petitioner had expired on 28-2-1987. Subsequently the petitioner filed an application under section 28-A of the said Act on 2-9-2003. This application under section 28-A came to be dismissed by the impugned order dated 31-3-2005. Hence the petition.

( 4 ) PLACING reliance in the decisions of the A