ZAMA GOTYA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The matter is called out from final hearing board. Heard finally.

(2.) We are inclined to dispose of present writ petition, as after hearing and after going through the documents and the material place on record, we have also noticed that no opportunity of hearing and or personal hearing, as contemplated under Section 28A of the Land Acquisition Act, 1894, was given to the petitioners to determine the enhanced amount of compensation on the basis of the Award passed. Section 28A contemplates and entitles the owner or person concerned to apply for an enhancement of compensation. The concerned authority is, therefore, required to consider the same in accordance with law which includes fair and equal opportunity to all the persons affected. Otherwise also, it is necessary as for effective determination/inquiry means fair opportunity, so that the concerned person/s can place all relevant materials in support their claim of enhancement of compensation.

(3.) The issue with regard to the enhanced claim of compensation, just cannot be decided in such a fashion without giving fair opportunity to the petitionersowners. Therefore, without expressing anything on merit, at this stage, as no opportunity was given to the petitioner which is a mandate of Section 28A of the Land Acquisition Act, 1894, we are inclined to quash and set aside the impugned order by keeping all points open and direct the concerned respondents to reconsider the case/application filed by the petitioners by giving all opportunities as contemplated and pass the order as early as possible preferably within three months. Hence, the following order : Order