G.S.KULKARNI
Sambhaji Vikram Gutal – Appellant
Versus
Special Land Acquisition Officer, Pune – Respondent
JUDGMENT :
A short but interesting question arises for consideration in this batch of petitions, in regard to the applicability of section 28A(1) of the Land Acquisition Act, 1894 when the land acquisition award is a modified award of the Reference Court.
2. Learned Counsel for the parties are ad idem on the commonality of the facts in relation to this batch of petitions. Hence, Writ Petition No. 6747 of 2009 was considered as the lead petition as also arguments were advanced on this petition, so as to cover all the petitions. The factual antecedents which lie in a narrow compass are not in dispute. The following facts as referred in the lead petition, are being noted :-
The lands of the petitioners were subject-matter of acquisition, for the public purpose of “Submergence of Ujjani Project”. A notification under section 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) was issued on 9 October, 1969 to include several lands. Following the legal procedure, the land acquisition proceedings concluded in a common award dated 30 November, 1974 published by the Special Land Acquisition Officer (for short “SLAO”), under section 11 of the Act, which was to the following effect :-
“26.
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