1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4212/2008 Sakharam Vitthal Bhalerao Petitioner Vs. The State of Maharashtra &Ors. Respondents Mr.Sachin S.Punde for the petitioner Mr.V.A.Sonpal,AGP for Res.1 to 3 CORAM : V.C.Daga,& Mrs.Mridula Bhatkar,JJ. Date : 24th February,2009. P.C. . Heard learned counsel for the parties. The petition can be disposed of at the stage of admission. 1] The petitioners are the owners of the land Gat no.18/1 (P.K.),18/2(P.K.),37(P.K.)68 and 66 situated at village Kolhewadi , Tal.Junnar, Dist.Pune. It was the case of the petitioners that by Notification dated 30/4/1993 the petitioners' land came to be acquired for the purpose of construction of Dam at Pimpalgaon . An award came to be passed under section 11 of the Land Acquisition Act. Though the petitioners did not challenge the award by filing a Reference under section 18 of the Land Acquisition Act, other persons affected by the award sought reference and the Reference Court awarded compensation to them.The petitioners,therefore,filed an application for enhancement of compensation under section 28-A of the Land Acquisition Act .The said application has not been 2 decided by the respondents and,therefore, the petitioners are required to approach this Court seeking an order and /or directions to call upon the respondent nos.2 and 3 to decide and dispose of the petitioners' application under section 28-A of the said Act within a stipulated period and award them compensation to compensate them. 2] Limited relief sought for by the petitioners is that their application under section 28-A of the Land Acquisition Act should be decided by respondent nos.2 and 3. We,therefore,direct Respondent Nos.2 and 3 to take decision in the matter of application filed by petitioners under section 28-A of the Land Acquisition Act within a period of three months from the date of communication of this order. We expect the authorities to pass speaking orders in the matter rather than summarily disposing of the application after giving an opportunity to the petitioners of hearing. 3] Needless to say that while deciding the application of the petitioners under section 28-A of the Land Acquisition Act by respondent Nos.2 and 3 ,they will take in to consideration the decision of this Court as well as the Supreme Court on the point which settles law on the issue of enhancement of compensation under section 28-A of the Land Acquisition Act particularly the decision in the case of Union of India and Ors.Vs.Mangatu Rama,AIR 1997,SC 2704 as well as the recent decision of the Hon'ble Supreme Court on the issue. 4] Petition stands disposed of accordingly.The petitioners to 3 communicate this order to respondent nos.2 and 3. All the contentions on merits are kept open. (Mrs.Mridula Bhatkar,J.) (V.C.Daga,J.)