dvg 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2544 OF 2009 IN WRIT PETITION NO.179 OF 2009 The Special Land Acquisition Officer & Ors. ... Applicants. [Orig.Respondents.] Vs. Shivaji Vithal Gatkul & Ors. ... Respondents. [Orig.Petitioners.] Mr. V.S.Sonavane AGP with V.S.Masurkar GP for the Applicants. CORAM : V.C.DAGA & A.A.SAYED, JJ. DATE : October 14, 2009. P.C. 1. Heard the learned Government Pleader appearing for the applicants. Perused the application. 2. By this application, a prayer is made to review order dated 15th September, 2009 whereby cost in a sum of Rs. 10,000/- was imposed on the State Government. Learned Assistant Government Pleader drew our attention to the pleadings in paragraph No.3 of the affidavit, which reads thus :- "3. With reference to Para 3 and 4 of the Petition, I say that the applications under Section 28-A of Land Acquisition Act, 1894 on the basis of Land Reference No. 501/1991 has been filed in the office of the Special Land dvg 2 Acquisition Officer No. 13, Pune. The Land Reference No. 501/1991 and another Land References have been challenged in the Hon'ble High Court by preferring Appeal No. 2909 of 2006. The said Appeal was admitted by the Hon'ble High Court. The said Appeal was dismissed by the Hon'ble High Court as paper-book was not submitted as per the conditional order. However, the Respondents are taking steps to submit paper-book in the above Appeal and the Appeal shall be restored on file. The said process shall take about 12 weeks time. I say that 12 weeks' time is required to complete the exercise of submitting paper-book and to restore Appeal on file of Hon'ble High Court". 3. A perusal of the aforesaid paragraph would show that the appeals filed against Land References were ultimately dismissed in view of non-compliance of the conditional orders. In the affidavit, the date of moving the application for restoration is not disclosed. A bald and vague statement is made that the respondents were taking steps to submit the paper book and that the appeal would be restored to file. As yet neither the paper book is filed nor the conditional order is complied with. No civil application is taken out for restoration of appeals. 4. In the above circumstances, there was absolutely no justification for the State to keep the applications of the land holders, under Section 28-A of the Land Acquisition Act ('L.A.Act for short) pending whereunder they are seeking enhance dvg 3 compensation, pursuant to the Reference decided by the Civil Court. The poor farmers are, obviously, deprived of their landed property on account of the acquisition of their lands, at the same time, their request for enhance compensation is not considered till date The State is taking advantage of its authority to decide applications u/s. 28-A of the L.A. Act to its own benefit by keeping the applications pending. The State Government files appeals, get them dismissed in default for non-compliance of the office objections and taking advantage of its own lapse, they use the said circumstance to its own benefit. 5. In the circumstances, in our considered opinion the State cannot take advantage of its own wrong. No case is made out to recall order imposing costs. There is absolutely no justification to review or recall the said order. 6. In the result, subject Civil Application is rejected. No order as to costs. [V.C.DAGA, J.] [A.A.SAYED, J.]