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2023 Supreme(Bom) 1451

B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Bhagirathibai Shivgonda Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ramdas Sabban, Pravin Sabban, Shrikant Kompelli, Arundhati Sabban.
For the Respondents: A.I. Patel, M.S. Bane, Vilas Tapkir, Mrunmayi Khambete.

JUDGMENT :

B.P. COLABAWALLA, J.

1. Rule. Respondents waive service. With the consent of parties, Rule made returnable forthwith and heard finally.

2. By the present Writ Petition, the Petitioners originally sought a direction that the Respondent Authorities pass an Award under Section 28A of the Land Acquisition Act, 1894 (for short “the 1894 Act”) as per their application dated 3rd May 2021. However, before the above Petition was filed, Respondent No. 2 (SLAO) issued a letter/order dated 20th January 2022 rejecting the Application filed by the Petitioners under Section 28A of the 1894 Act. Therefore, by virtue of an amendment allowed by this Court on 21st December 2022, a prayer was added to quash and set aside the impugned letter/order dated 20th January 2022 issued by Respondent No. 2 rejecting the Section 28A Application filed by the Petitioners.

3. The short question that arises in the present Petition is whether the Petitioners, having availed of the opportunity to file a Reference under Section 18 of the 1894 Act, and having secured an order on such Reference, can thereafter ask for re-determination of compensation under Section 28A of the 1894 Act on the basis of an order passe

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