ORAL JUDGMENT (Per: Shri R.M Borde, J)
1. Heard.
2. Rule. With the consent of the parties, petitioners are taken up for final disposal, at admission stage.
4. Petitioners are agriculturists whose lands have been acquired for public purpose. The petitioners, on declaration of Award, could not present application, seeking reference to the Civil Court. However, on determination of reference application, tendered by another claimant, covered by same section 4 Notification in Lok Adalat, petitioners tendered applications to the Deputy Collector under section 28-A of the Land Acquisition Act seeking re-determination of the amount of compensation payable to them. Applications tendered by the petitioners have not been considered presumably because the Award has been declared by Lok Adalat and not by the Reference Court.
5. It is not a matter of dispute that the Award passed by Lok Adalat has a force of decree and an application founded on an Award passed by Lok Adalat can be filed under section 28-A of the Land Acquisition Act and this view has been confirmed by this Court in number of matters. In this view of the matter, petition can be disposed of by directing respondents 3 and 4 to decide the applications tendered by the petitioners u/s 28-A of the Land Acquisition Act as expeditiously as possible, preferably within a period of six months from today. On determination of amount of compensation, if petitioners are held entitled to receive enhanced amount, respondent No. 5 shall disburse the amount within a period of four months from such determination. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs.
6. Pending civil application, if any, does not survive and stands disposed of.