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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
R.G.AVACHAT, NEERAJ P.DHOTE
Sumanbai, w/o Prabhkar Igave – Appellant
Versus
State of Maharashtra, Through the Collector, Osmanabad – Respondent
| Table of Content |
|---|
| 1. court's jurisdiction on application under section 28-a. (Para 1) |
| 2. land acquisition and compensation details. (Para 2 , 3 , 4) |
| 3. arguments regarding application under section 28-a. (Para 5 , 6) |
| 4. overview of undisputed matters and legal issue. (Para 7 , 8 , 9) |
| 5. case law supporting the rejection of the reference. (Para 10 , 11 , 12) |
| 6. judicial interpretation of section 28-a. (Para 13 , 14 , 15) |
| 7. analysis of merits in referring application under section 28-a. (Para 16 , 17 , 18 , 19) |
| 8. delay considerations in exercising judicial discretion. (Para 20) |
| 9. conclusion and orders issued by the court. (Para 21) |
JUDGMENT :
NEERAJ P. DHOTE, J.
1. By consent of both the sides, heard finally at the stage of admission.
2. The Petitioner was the owner of land admeasuring 1 Hectare 1 R bearing Survey No.148/2, situated at Village – Sastur, Taluka – Omerga, District – Osmanabad (Now Dharashiv). The said land of the Petitioner came to be acquired for rehabilitation of Village – Sastur. The Respondent No.2 – Land Acquisition Officer (LAO) passed an Award on 22/10/1996 under Section 11 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as ‘the L. A. Act’) and granted the rate
A dismissal of a compensation claim on technical grounds does not preclude a subsequent application for re-determination under Section 28-A, provided the earlier claim was not adjudicated on merits.
Claimants can maintain applications under Section 28-A of the Land Acquisition Act, 1894, even if they had previously filed reference applications under Section 18, as long as the reference applicati....
The court confirmed the maintainability of applications under Section 28A of the Land Acquisition Act based on higher compensation awards from appeals, emphasizing equitable relief for disadvantaged ....
Section 28A of the Land Acquisition Act allows for re-determination of compensation based on subsequent awards, promoting equity among landowners who could not challenge earlier awards.
A party who has preferred a Reference under Section 18 of Land Acquisition Act, 1894 and has secured an order thereunder, cannot thereafter file an Application under Section 28A of Land Acquisition A....
The limitation period under Section 28-A of the Land Acquisition Act is strict and cannot be extended based on personal circumstances or knowledge of the judgment.
The acquiring body is barred from seeking a reference under Section 28-A(3) of the LA Act, ensuring legislative intent for equitable treatment of landowners.
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger. The Collector's rejection of the petitioners' application ....
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