1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3341 OF 2008 Mr. Parshuram Bama Koli .. Petitioner V/s Special Land Acquisition Officer No.1 and others. .. Respondents Mr. Vipin Kesle, for the petitioner Mr. P. P. Kakade, AGP for Respondents 1 to 3. CORAM: V. C. DAGA, & MRS. MRIDULA BHATKAR, JJ. DATED: 17th February, 2009 P. C.5250 1. Heard learned counsel for the parties. The petition can be disposed of at the stage of admission. 2. The petitioner is the owners of the land situated at Koliwada, Panvel, District Raigad. It is the case of the petitioners that by Notification dated 21.5.1972, the petitioners' land came to be acquired for Industrial/Commercial and Residential purpose. An award came to be passed under Section 11 of the Land Acquisition Act. Though the petitioner 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 2 petitioner, therefore, filed applications for enhancement of compensation under Section 28A of the Land Acquisition Act on 14.7.1995. The said application has not been decided by the Respondents and, therefore, the petitioner is required to Approach this Court seeking an order and/or direction to call upon the respondent Nos. 2 and 3 to decide and dispose of the petitioner's application under Section 28-A of the said Act within a stipulated period. 3. Limited relief sought for by the petitioner 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 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 except 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. 4. 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 into consideration the decision of this Court as well as the Supreme Court on the point which settles law on the issue of 3 enhancement of compensation under Section 28-A of the Land Acquisition Act, particularly the decision in the case of Union of India and others Vs. Mangatu Ram reported in AIR 1997 SC 2704 as well as the recent decision of the Supreme Court. 5. Petition stands disposed of accordingly. The petitioner to communicate this order to the respondent Nos. 2 and 3. (MRS. MRIDULA BHATKAR) (V. C. DAGA) jpc/-