SHRIRAM S/O TATAYABA SHINDE DIED THROUGH THE LEGAL REPRESENTATIVE Vs. STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY IRRIGATION DEPARTMENT

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. The learned Assistant Government Pleaders appearing in the respective matters waive service on behalf of the State of Maharashtra, Collector and the Special Land Acquisition Officers in all the Petitions, and Shri S.G. Sangle, learned Counsel waives service of notice on Respondent No. 3 in Writ Petition No. 3470 of 2012. Taken up for final disposal. The grievance in this batch of writ petitions is that though the petitioners have made applications under Section of the Land Acquisition Act (hereinafter referred to as "the said Act") for determination of compensation on the basis of an Award made under Section of the said Act in respect of another land acquired under the same notification, the same have not been decided as yet. Reliance has been placed on the Government Resolution dated 16th February 2010 which enjoins the concerned officer to decide the applications under Section of the said Act within a period of three months.

(2.) WE have heard the learned Counsel appearing for the Petitioner and the respective learned Asstt. Government Pleaders appearing in these petitions. It will be necessary to advert to Section of the said Act, which reads thus:

(3.) THUS , it is clear that sub -section (1) of Section of the said Act contemplates that a re -determination of the compensation payable to the claimant should be made on the basis of an award of the Court in a reference under Section of the said Act in respect of another land which is acquired under the said preliminary notification. Sub -section (2) of the said Act contemplates an award to be made by the Collector on an enquiry being held after giving notice to all persons interested and giving them reasonable opportunity of being heard. It is obvious that requirement of making an award under sub -section (2) arises only when an application for re -determination is in conformity with sub -section (1) of Section in all respects.