-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 5200 of 2008 1. Smt.Nirmala Vishwanath Shinde and others ..Petitioners vs. 1. State of Maharashtra & ors. ..Respondents. Shri Sanjay Gawade i/b Shri V.R.Kasle for petitioners. Shri A.H.Palekar, A.G.P. for respondents. CORAM: J.N.PATEL & CORAM: J.N.PATEL & CORAM: J.N.PATEL & S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. 18th October, 2008 18th October, 2008 18th October, 2008 P.C. P.C. P.C. 1. The petitioners are poor agriculturists who being unable to prefer reference under section 18 of the Land Acquisition Act,1894, for enhancement of the compensation of the acquired lands, preferred application dated 17th January, 2001 under section 28A of the said Act. However, no decision is taken by respondent no.1 so far by declaring redetermined award under section 28A of the said Act. The petitioners were, therefore, compelled to file the present writ petition seeking a direction to respondent no.1 to declare the redetermined Award in proceedings under section 28A in Unit Case No. Morbe 46/47 forthwith. The -2- learned A.G.P. leaves the matter to the Court to pass appropriate orders. 2. It is unfortunate that despite the application being made in 2001 the respondent no.1 without any valid reason/excuse has since then not responded to the petitioners’ application in respect of redetermination of the Award. In view thereof we direct the respondent no.1 to decide the application under sec.28A of the Land Acquisition Act preferred by the petitioner within a period of 8 weeks from today. The aforesaid conduct portrays absolutely callous and indifferent approach of the authorities towards poor and helpless citizens, who despite their weak financial status are compelled to knock the doors of the Court only to receive an order in respect of an application made under sec.28A of the Act. Petition disposed of. 3. We, therefore, direct the S.L.O. to pay costs of this petition quantified at Rs.5000/- to the petitioners from his own pocket. 4. Learned A.G.P. undertakes to communicate this order to respondent no.1. -3- (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)