ANJENAPPA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The short grievance of the petitioner who claims to have lost land in acquisition is against non-consideration of his claim for enhancement of compensation on par with the one granted in respect of other lands of the same villages that were also acquired under the very same Notification in terms of the Division Bench judgment of this Court rendered on 16.11.2007 in MFA No.2237/2003 and other connected appeals at Annexure-D; learned Sr. Advocate Mr. C H Jadhav also brings to the notice of the Court that the said Division Bench judgment having been put in challenge in SLP Nos. SLP (C) No(s). 1046-1059 of 2009 and connected Petitions, has been affirmed by the Apex Court vide order dated 26.02.2014 at Annexure-E.

(2.) The respondent - SLAO having entered appearance through the learned HCGP, Mr. Dildar Shiralli opposes the writ petition stating that the pleadings lack material particulars especially as to the condition precedent, namely that the petitioner's lands too were in the very notification which comprised other lands in respect of which enhanced compensation has been granted. Having so argued, he now adds that, if the petitioner has claimed enhancement of compensation under Section 28A of Land Acquisition Act, 1894, there would be no difficulty for considering the same in accordance with law, if credentials are established.

(3.) I have heard the learned Sr. Advocate, Sri C.H. Jadhav appearing for the learned counsel for the petitioner on record; I have heard the learned HCGP Mr. Dildar Shiralli. I have perused the Writ Petition papers and the decisions rendered by the Apex Court as well as the Division of this Court Bench mentioned above which again are a part of the Record.