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Judgment
Rule, made returnable forthwith. The learned Additional Government Advocate waives service for the respondents. Heard finally by consent
of parties.
The challenge in this petition is to the communication / order dated 14/07/2017, by which an application under Section 28A of the Land Acquisition
Act, 1894 (the Act for short) filed by the petitioners has been dismissed by the Special Land Acquisition Officer on the ground that the petitioners
have already filed an application under Section 18 of the Act.
Shri Almeida, the learned Counsel for the petitioner submits that in so far as the properties, in respect of which the application for re-determination
of compensation was filed are concerned, are not the properties subject matter of the reference u/s 18 of the Act. This aspect is not disputed by the
learned Additional Government Advocate. The learned Additional Government Advocate, in all fairness, submits that the Special Land Acquisition
Officer has not examined whether the reference pertains to the same properties, in respect of which the redetermination of the compensation is
sought for. He, therefore, submits that the Special Land Acquisition Officer shall re-examine the matter and shall pass appropriate orders in
accordance with law. In such circumstances, the following order is passed :
(i) The petition is allowed.
(ii) The impugned order/ communication is hereby set aside.
(iii) The application for re-determination filed by the petitioners is restored to the file of the learned Special Land Acquisition Officer for deciding it
afresh in accordance with law.
(iv) The original application is filed way back on 11/09/2007. In such circumstances, the learned Special Land Acquisition Officer is directed to decide
the application as expeditiously as possible and in any event, within a period of six months from the receipt hereof.
(v) Rule is made absolute in the aforesaid terms, with no order as to costs.