BHAGIRATHIBAI SHIVGONDA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 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 Sec. 28A of the Land Acquisition Act, 1894 (for short "the 1894 Act") as per their application dtd. 3/5/2021. However, before the above Petition was filed, Respondent No.2 (SLAO) issued a letter/order dtd. 20/1/2022 rejecting the Application filed by the Petitioners under Sec. 28A of the 1894 Act. Therefore, by virtue of an amendment allowed by this Court on 21/12/2022, a prayer was added to quash and set aside the impugned letter/order dtd. 20/1/2022 issued by Respondent No.2 rejecting the Sec. 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 Sec. 18 of the 1894 Act, and having secured an order on such Reference, can thereafter ask for re-determination of compensation under Sec. 28A of the 1894 Act on the basis of an order passed in an appeal arising from some other Land Reference filed by some other landowners in respect of their land covered under a common notification issued under Sec. 4 of the 1894 Act.