RAMANAND LAXIMIDHAR KUNDE Vs. SPECIAL LAND ACQUISITION OFFICER SELAULIM IRRIGATION PROJECT SANGUEM GOA

JUDGEMENT

(1.) A batch of writ petitions under Articles 226 and 227 of the Constitution of India challenges the orders made by the Land Acquisition Officer/ Collector denying the petitioners re-determination of compensation under section 28-A of the Land Acquisition Act, 1894. Impugned orders under challenge are not on the merits of the case for re-determination of the compensation as the applications were dismissed on preliminary ground of maintainability.

(2.) OUT of the batch of petitions the orders challenged are where the Land Acquisition Officer held that the petitioners who had received compensation pursuant to the award made by the Land Acquisition Officer without protest are not entitled to seek any relief for re-determination under section 28-A. In certain other cases the impugned orders are made on the ground that the petitioners did not file fresh applications within the prescribed period upon disposal of appeals by the High Court wherein awards of the reference Court were challenged. This judgment is being delivered in five petitions represented by various counsel as shown in cause title out of a batch of petitioners, for finally the remaining petitions shall stand concluded for the reasons made in this judgment.

(3.) HAVING regard to the nature of the controversy involved in the petitions upon hearing the learned Counsel, we have formulated following propositions :