1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4753 OF 2009 Ganpat Chandar Daur & ors. : Petitioners versus Special Land Acquisition Officer & Anr. : Respondents. Mr. Sachin Chavan i/by Mr S S Kulkarni for the Petitioner Mr V P Malvankar, AGP, for the Respondent Nos.1 and 2. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 20th August 2009 P.C. 1. Heard the learned counsel for the Parties. 2. The above Petition can be disposed of under the following circumstances. The Petitioners’ land has been acquired for the New Bombay Project. As against the Award, which has been passed by the Special Land Acquisition Officer, the Petitioners have not preferred a reference under Section 18 of the Land Acquisition Act. However, taking advantage of the provisions of Section 28A of the said Act, the Petitioners have filed an Application before the Special Land Acquisition Officer relying upon the decision of the Civil Judge, Senior Division, Raigad in Land Acquisition Reference No.1562 of 2000. We asked the learned 2 counsel for the Petitioners as to whether the said Award of the Civil Judge, Senior Division, Raigad has attained finality or not, or whether any First Appeal is pending against the said LAR. The learned counsel for the Petitioners was unable to make any statement. The learned AGP for the State is also unaware of the fact that whether any First Appeal is preferred or not. Be that as it may. We direct the Land Acquisition Officer before whom the Application under Section 28A filed by the Petitioners is pending that the Land Acquisition Officer shall ascertain from his record or he should contact the office of the Government Pleader, High Court, Appellate Side and enquire as to whether any First Appeal is preferred against the Award passed in the said LAR or not. If the Government has already preferred an Appeal or desires to prefer an Appeal, then it is not necessary to dispose of the application under Section 28A immediately. We only direct the Special Land Acquisition that Application under Section 28A filed by the Petitioners may be disposed of on merits relying upon the decision of the Civil Judge, Senior Division, Raigad in L A R No.1562 of 2000, if the said award has attained finality as a result of not preferring an Appeal against the said award and Government has acquiesced in the said Award. In case Appeal is preferred or the Government is desirous of preferring an appeal, then only after the award becomes final by the Appellate order, the application 3 under Section 28A may be disposed of by him. In short we direct the Land Acquisition Officer that he can only pass an award under Section 28A after he is satisfied that the award in LAR No.1562 of 2000 has attained finality. The above Petition is disposed of in the light of the aforesaid directions. [R.M.SAVANT, J] [S.B.MHASE, J]