1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3227/2009 (Godavari Marathwada Patbandhare Vikas Mahamandal vs. The State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri M.R. Joharapurkar, Advocate for petitioner. Shri D.P. Thakre, Assistant Government Pleader for respondent nos. 1 and 2. -------- CORAM : S.A. BOBDE AND P.D. KODE, JJ. DATED : DECEMBER 21, 2010 Heard learned Counsel for the parties. There is no dispute that the facts of the present writ petition are identical to those of Writ Petition No.3223/2009, decided on 23/11/2009 and all these matters arise out of common award. Hence, this writ petition is disposed of with the same directions as in Writ Petition No.3223/2009 decided on 23/11/2009, which are as follows : 2 “In the backdrop of the above referred facts, we are of the view that the impugned order is in violation of the mandatory procedure stipulated in sub-section (2) of Section 28-A of the Land Acquisition Act and, therefore, cannot be sustained in law. For the reasons stated hereinabove, the order dated 1.12.2008 is quashed and set aside. The matter is remanded back to the Collector for re-consideration of the application of respondent no.3 u/s 28-A of the Act afresh in accordance with the provisions of Section 28-A of the Land Acquisition Act and the Collector shall take a decision by giving notice to the petitioner under sub-section (2) of Section 28-A of the Act and dispose of the proceedings in accordance with law. With these observations and directions, the petition is disposed of. The grounds raised in the petition are kept open.” Order accordingly. JUDGE JUDGE khj 3