IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 454 OF 2009 WRIT PETITION NO. 454 OF 2009 WRIT PETITION NO. 454 OF 2009 1. Namdeo Tukaram Mali & 7 ors. ] .. Petitioners Versus 1. The Special Land Acquisition Officer] & two others. ] .. Respondents Mr. G.K. More i/b Ms. Pallavi H. Potnis for the petitioners. Mr. V.S. Gokhale, AGP, for the respondents. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 10TH FEBRUARY, 2009 P.C. : 1. Heard. 2. The petitioners have approached this court, seeking directions against the respondents that their application under Section 28A of the Land Acquisition Act, 1894, may be disposed of expeditiously and preferably within a time-bound schedule. The petitioners rely upon the decision in Reference No.209 of 1991 and 210 of 1991 decided by the Joint Additional District Judge, Pune, on 24th December, 1999 and 4th October, 2007, respectively. The learned counsel for : 2 : the petitioners, however, is not aware whether the decrees passed by the Joint Additional District Judge, Pune, in the above References have attained finality. What we find is that this Petition can be disposed of by issuing the following directions : (1) The Special Land Acquisition Officer No.(6) Pune, is hereby directed to dispose of the application filed by the petitioners under section 28A of the Land Acquisition Act as early as possible and preferably within a period of 12 weeks from today. (2) We make it clear that before disposing of the application under section 28A, the Land Acquisition Officer shall find out as to whether the decisions in Land Reference No.209 of 1991 and 210 of 1991 have attained finality. (3) If the Appeals filed by the State Government as against those Land References are pending, then the application under section 28A shall not be disposed of on merit, unless and until those References are finally adjudicated and disposed of by the : 3 : Reference Court and/or the Appellate Court and, in that eventuality, the time of 12 weeks shall start after the final disposal and attainment of finality to the said judgment. 3. With the above directions, the Petition stands disposed of. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]