The petitioners challenge Ext.P3, an order passed by the second respondent in an application filed under Section 28A of the Land Acquisition Act, 1894. According to the petitioners, no notice was issued to them and they were not heard in the matter.
2. The learned Government Pleader submits that the award which is relied upon by the petitioner is not with reference to a comparable land as far as the petitioners' land is concerned. In the said circumstances, there was no necessity to rely upon the award produced by the petitioners. Whatever that might be, when the statute provides an opportunity for hearing the second respondent was bound to issue notice to the petitioners and take a decision after hearing the petitioners.
In the result, Ext.P3 is set aside. There will be a direction to the second respondent to reconsider the matter after complying the procedure prescribed under Section 28(2) of the Land Acquisition Act. It shall be done within a period of two months from the date of receipt of a copy of this judgment.
A.M.SHAFFIQUE, stu JUDGE.
//True copy// P.A to Judge W.P.(C).No.25070 of 2013 2