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B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Bhagirathibai Shivgonda Patil – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
B.P. Colabawalla, J.—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 passed
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 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.
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger.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 ....
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....
Section 28-A of the Land Acquisition Act, 1894 provides a statutory remedy for land owners to apply for re-determination of compensation if the market value assessed by the court is more than that as....
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