GAURAVSINH KANAKSINH Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard Shri G.M. Amin, learned counsel for the petitioners and Shri K.M Antani, learned Assistant Government Pleader, who is on advance notice.

(2.) Petitioners have assailed the order dtd. 10/8/2021 passed by first respondent, where-under application filed under Sec. 28(A) dtd. 19/3/2018 (Annexure-C) has been rejected. The said application has been rejected by the first respondent, only on the ground that copy of the award is not produced.

(3.) A plain reading of sub-sec. (2) of Sec. 28(A) of the Act would indicate that first respondent was required to conduct an inquiry after giving notice to all persons interested and giving them a reasonable opportunity of being heard. In the instant case, petitioners being claimants and they having submitted an application for determination of compensation under Sec. 28(A) , a legal duty is cast on the first respondent to issue notice to the persons interested in the land, namely the petitioners, which exercise was not undertaken. On this short ground, petitioners ought to succeed. Hence, following order: