IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 2754 OF 2009 WRIT PETITION NO. 2754 OF 2009 WRIT PETITION NO. 2754 OF 2009 Ambo Krushna Bhagat since deceased through his legal representatives- 1. Devkibai Ambo Bhagat (Deceased) 2. Ram Ambo Bhagat, 3. Sau Gulab Gajanan Patil, 4. Sau.Sakhrubai Bhokya Thakur. ... Petitioners. V/s. 1. The Special Land Acquisition Officer, Dist. Raigad, 2. The State of Maharashtra. ... Respondents. Sachin S. Punde for the petitioners. Mrs.J.P.Pawar, AGP for the respondents. CORAM: V.C.DAGA and CORAM: V.C.DAGA and CORAM: V.C.DAGA and MRS.MRIDULA BHATKAR, JJ. MRS.MRIDULA BHATKAR, JJ. MRS.MRIDULA BHATKAR, JJ. DATED: 26th March 2009. DATED: 26th March 2009. DATED: 26th March 2009. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the parties. The petition can be disposed of at the stage of admission. 2. The petitioners are the owners of the agricultural lands being S.No.36 Hissa No.3 admeasuring 2 R; S.No.34 Hissa No.3 admeasuring 14.12 R; S.No.33 Hissa No.2 admeasuring 2.12 R; S.No.31 Hissa No.0 admeasuring 3.4 R; and S.No.342 Hissa No.4 admeasuring 22.1 R, S.No.8 Hissa No.2 admeasuring 3 R, S.No.452 Hissa No.4+1A/1A of 5.8 R, S.No.389 Hissa No.3 admeasuring 3 R and S.No.452 Hissa No.4+1A/1B admeasuring 34.1 R situated at village Kharghar, taluka- Panvel, district- Raigad. It is the case of the petitioners that by Notification dated 3rd February, 1970 the petitioners’ land came to be acquired for the public purpose. 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, 1894, 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 decided by the respondents and, therefore, the petitioners are required to approach this Court seeking an order and/or direction to call upon the respondents 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. 3. Limited relief sought for by the petitioners is that their application under section 28-A of the Land Acquisition Act should be decided by the respondents. - 3 - We, therefore, direct the respondents to take decision in the matter of application filed by the 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 by giving opportunity of hearing to the petitioners rather than summarily disposing of the application. 4. Needless to mention that while deciding the application of the petitioners under section 28-A of the Land Acquisition Act, the respondents will take in to consideration the decisions of this Court as well as that of Supreme Court on the point which have settled 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 v. Mangatu Union of India v. Mangatu Union of India v. Mangatu Rama Rama Rama, AIR 1997 SC 2704 as well as the recent decision of the Hon’ble Supreme Court on the issue. 5. Petition stands disposed of accordingly. The petitioners to communicate this order to respondents. All rival contentions on merits are kept open. (MRIDULA BHATKAR, J.) (V.C.DAGA, J.) (MRIDULA BHATKAR, J.) (V.C.DAGA, J.) (MRIDULA BHATKAR, J.) (V.C.DAGA, J.)