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2021 Supreme(Bom) 2

MANISH PITALE
Vidarbha Irrigation Development Corporation, through its Executive Engineer – Appellant
Versus
Collector, Buldhana, District Buldhana – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.B. Kasat, Counsel.
For the Respondents: S.P. Deshpande, Addl. G.P., R.N. Ghughe, Counsel.

JUDGMENT :

1. Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for the rival parties.

2. In these two Petitions, the question that arises for consideration is, as to whether the respondents No.3 and 4 in both the Petitions were entitled for consideration of their applications filed before the respondent No.2 under Section 28-A of the Land Acquisition Act, 1894, for re-determination of amount of compensation. The petitioner Vidarbha Irrigation Development Corporation, the acquiring body has raised serious objection to the very maintainability of the said applications filed on behalf of the said respondents (original claimants), on the ground that since they had preferred applications for reference to the Court under Section 18 of the aforesaid Act and they had subsequently withdrawn such applications unconditionally, their applications for re-determination of amount of compensation under Section 28-A of the aforesaid Act were not maintainable. The respondent No.2 in the present case not only entertained the said applications, but also passed orders re-determining the amount of compensation in favour of the said respondent - claimants

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