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2021 Supreme(Bom) 265

A.A.SAYED, S.C.GUPTE
Umadevi Rajkumar Jeure – Appellant
Versus
District Collector, Solapur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ashok B. Tajane
For the Respondent:Mr.Ashutosh A. Kumbhakoni, Advocate General with Mr.Akshay Shinde, Mrs.Madhubala Kajle, B. Panel Counsel, Ms.Pushapalata Diwan, AGP

JUDGMENT :

S.C. GUPTE, J.

This petition challenges an order passed by Sub-Divisional Officer, Solapur on an application under Section 28A of the Land Acquisition Act, 1894 and seeks directions for conducting a fresh inquiry under that Section. The petition raises a substantial question of law, namely, whether an award passed by a Lok-Adalat can be considered an award of the court under Part III of the Land Acquisition Act for the purposes of Section 28A of that Act.

2. The Petitioners’ land along with several other lands was acquired by the State for a storage lake. An award dated 26 February 2010 was made under Section 11 of the Land Acquisition Act, 1894 (“LA Act”) in respect of the acquired lands. Compensation was paid to landholders including the Petitioners herein after duly issuing notices under Section 12(2) of the LA Act. Sometime later, a Land Acquisition Reference (LAR No.18 of 2011) was filed before the Joint Civil Judge, Senior Division, Solapur by one of the landholders, one Sangappa Irappa Dabare. The LAR was taken before a Lok Adalat. By a compromise entered into on 13 December 2014, an award was made by the Lok Adalat for payment of enhanced compensation by the State

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