1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4436 /2009 (Sau, Maltibai S.Karokar vs. State of Maharashtra and others ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr S S Shingne, Adv. for petitioner Mr D M Kale, AGP for Respondents ... CORAM : PRASANNA B.VARALE, J. DATED : APRIL 8, 2010. 1. Heard. 2. By means of the present Petition, the petitioner is challenging the award dated 12.9.2006 for acquisition of land bearing Survey No.1189 to the extent of petitioner. The main grouse of the petitioner is that the procedure and scheme of Land Acquisition Act is not followed in its letter and spirit inasmuch as notice under section 28A(2) of the Land Acquisition Act, which is mandatory in nature, and which ought to have been issued to the petitioner, was not issued, thereby depriving the petitioner an opportunity of hearing to ventilate his grievance. 3. Learned AGP, on instructions from the Special Land Acquisition Officer who is present in the Court, fairly concedes that there is substance in the submission made by the learned Advocate for petitioner. He further submits that the Spl. LAO is ready and wiling to give fresh hearing to the petitioner and would follow 2 the laid-down procedure as contemplated under the Land Acquisition Act i.e. by giving notice to the petitioner. 4. In view of the submission made by the learned AGP, this Court is not inclined to go into the merits of the matter. Learned AGP submits that the Spl.l LAO would follow the procedure contemplated under the Land Acquisition Act and would hear and decide the proceedings within a period of ten weeks, after affording an opportunity of hearing to the petitioner. In the result, the award dated 12th September, 2006 passed by Respondent No.3-Special Land Acquisition Officer, Pench Project, Nagpur, is set aside to the extent of petitioner only. Needless to mention that the above-referred exercise is to be undertaken by the Spl. LAO in respect of the petitioner only. With the above direction, Writ Petition is disposed of. JUDGE sahare