1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.578 OF 2010 Pandit s/o Ramkrishan Kadam, Age: 55 years, Occ: Agri., R/o. Wanjarkheda, Tal. Latur, District Latur and others. .. Petitioners Versus The State of Maharashtra, Through the Collector, Latur, Tq.& Dist. Latur & Ors. .. Respondents ... Mr. K.S. Bhore, Advocate for petitioners. Mr. K.G. Patil, A.G.P. for respondents. ... CORAM : A.M. KHANWILKAR & S.S. SHINDE, JJ. DATE : 3RD FEBRUARY, 2010 PER COURT : Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the 2 parties, the petition is taken up for final hearing at admission stage. 2. Heard Counsel for the parties. This petition takes exception to the decision of the Special Land Acquisition Officer dated 17-04-2009 rejecting the application preferred by the petitioners under Section 28-A of the Land Acquisition Act. The sole reason noted by the S.L.A.O. for rejecting the said application is that the Government is contemplating to go in appeal against the decision of the Reference Court and for that reason, the claim under Section 28-A of the Act cannot be entertained. 3. The reason recorded by the S.L.A.O. is a non existent ground, in as much as, the Department has already taken the decision of not carrying the matter in appeal against the decision of the Reference Court as is noted in the communication dated 20-06-2009 addressed to the S.L.A.O. by the Deputy Executive Engineer, 3 Minor Irrigation Department, Latur (Exhibit-E). 4. In the circumstances, the decision of the S.L.A.O. which is impugned in this petition, is set aside. Instead the S.L.A.O. is directed to examine the application of the petitioners under Section 28-A of the Act and pass appropriate orders as may be advised, in accordance with law. The application be finally disposed of, expeditiously, in any case, not later than EIGHT WEEKS from today. As soon as the decision is taken, the same shall be communicated to the petitioners within TWO WEEKS from the date of the order. Besides, communicating the order, steps be taken to pay the enhanced compensation,if any, payable to the petitioners consequential to the decision of the S.L.A.O. on the application under Section 28-A of the Act. Payment be made within THREE MONTHS from the date of such decision. 5. The petition is disposed of accordingly. 4 Rule made absolute in above terms. ( S.S. SHINDE, J. ) ( A.M. KHANWILKAR, J.) sut/FEB10/wp578.10