(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The petitioner has sought to challenge order dated 3.12.2011 of the Special Land Acquisition Officer, Narmada Yojna, Vadodara-2, whereby the application of the petitioner made under Section 28-A of the Land Acquisition Act, 1894 (for short, "the Act") is rejected, inter alia, on the ground that the petitioner did not hold power of attorney of the original owner and holder of the land on the date of making the application. There is no dispute about the fact that the application under Section 28-A of the Act was made by the petitioner on behalf of the original holder of the land and his power of attorney was obtained on 12.7.2010, which was notarized on 30.7.2010.
2. As already held today in Special Civil Application No.7503 of 2012, provisions of Section 28-A of the Act do not allow or envisage an application by a third party for claiming re-determination of the amount of compensation on the basis of an award of the Court made in reference cases made by other parties. No legal provision or precedent having been cited to stretch the language of Section 28-A of the Act and no other illegality in the impugned order having been agitated, the petition is summarily dismissed.
(D.H.Waghela, J.) (G.B.Shah, J.) *malek Top