-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 4384 of 2008 Harishchandra Valku Bhagat since deceased through his legal representatives 1.Hirubai Harishchandraas Bhagat and others ..Petitioners vs. 1. The State of Maharashtra and others ..Respondents Shri S.S.Punde for petitioners. Shri V.A.Sopan A.G.P. for respondent State. CORAM: J.N.PATEL & CORAM: J.N.PATEL & CORAM: J.N.PATEL & S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. 14th October, 2008 14th October, 2008 14th October, 2008 P.C. P.C. P.C. 1. The petitioners are poor agriculturists who being unable to prefer reference under section 18 of the Land Acquisition Act,1894, for enhancement of the compensation of the acquired lands, preferred application dated 13th March, 2003 under section 28A of the said Act. However, though the application was completely heard (four years back), no decision is taken by respondent no.1 by declaring redetermined award under section 28A of the said Act. The petitioners were, therefore, compelled to file the present writ petition seeking -2- a direction to respondent no.1 to declare the redetermined Award in proceedings under section 28A in Unit Case No.Kamothe 326 forthwith. The learned A.G.P. leaves the matter to the Court to pass appropriate orders. 2. It is unfortunate that despite the application being completely heard the respondent no.1 without any valid reason/excuse has since last four years not responded to the petitioners’ application in respect of redetermination of the Award. In view thereof we direct the respondent no.1 to decide the application under sec.28A of the Land Acquisition Act preferred by the petitioner within a period of 8 weeks from today. The aforesaid conduct portrays absolutely callous and indifferent approach of the authorities towards poor and helpless citizens, who despite their weak financial status are compelled to knock the doors of the Court only to receive an order in respect of an application which was heard and concluded four years back by the respondent no.1. 3. We, therefore, direct the S.L.O. to pay costs of this petition quantified at Rs.5000/- to the -3- petitioners from his own pocket. 4. Learned A.G.P. undertakes to communicate this order to respondent no.1. (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)