1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2024 OF 1993 Anusayabai Baburao Sonawane, since deceased through heirs : 1.Shri Baburao Shankar Sonawane .. Petitioners Vs 1.The State of Mah. & anr. .. Respondents Mr.Ajay Patil, Advocate, i/b Mrs Suhansini Mutalik, for the petitioners. Mr. P.P.Chavan, i/b M/s Little & Co, for Respondent no.2 CORAM : D.B.BHOSALE, J. DATE : 29/08/2009 PC: 1. Heard learned counsel for the parties. 2. By this petition under Article 227 of the Constitution of India, the petitioners are seeking enhancement of compensation in view of the enhancement of compensation in respect of other lands acquired by the same Notification by which the petitioners’ lands were acquired. The petitioners have also prayed for quashing and setting aside the communication dated 10.3.1992 issued by the Special Land Acquisition Officer No. 1,Nashik. By this communication, the petitioners were informed that their application under section 28-A of the Land Acquisition T 2 Act, 1894 cannot be entertained in view of the fact that the compensation, as per the Award dated 28.1.1986, had not been enhanced in the reference under section 18 made by the other land owners, whose lands were covered by the Notification dated 28.11.1971. This fact has not been disputed by the petitioners. 3 This court is informed that some of the land owners covered by the notification dated 28.11.1971had filed reference applications under section 18 of the Land Acquisition Act and they were dismissed and against the orders of the reference Court, writ petitions were filed in this court. One of such writ petitions was filed by Radhakrishna Khemani, being Writ Petition No.4149 of 1981. That writ petition was withdrawn by the petitioners therein, in view of the Government Resolution dated 13.9.1982. By the Government Resolution dated 13.9.1982 the Government of Maharashtra referred the matters to the Collector under section 33(3) of the Maharashtra Industrial Development Act,1961 and in pursuance thereof a fresh Award was passed in respect of the petitioners in Writ Petition No.4149 of 1981. It is against this backdrop, the Special Land Acquisition Officer, holding that no benefit under section 28A can be given to the petitioners, rejected the petitioners prayer. 3 Under section 28A the person interested can seek re- determination of the amount of compensation on the basis of the award of the court, notwithstanding that he had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the court. In the present case, there is no such award by the Court enhancing compensation in respect of the persons whose lands are covered by the said notification. In the circumstances, it was rightly held that the petitioners cannot claim enhancement under section 28A of the Act. In the circumstances, the writ petition fails and dismissed as such. (D. B. Bhosale, J.)