(1) 40.WP4500.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4500 OF 2026 Gunwant S/o Uttamrao Raut VERSUS Deputy Collector, Land Acquisition, (kpmp) Akola And Anr. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S.D. Chopde, Advocate for the Petitioner(s). Mr. A.S. Fulzele, Addl. G.P. for the Respondent(s)/State. Ms. Snehalata Sahasrabuddhe, Advocate for the Respondent No. 2. CORAM : NANDESH S. DESHPANDE , J. DATE : SEPTEMBER 30, 2026. 1. Application filed by the present petitioner under Section 28A of the Land Acquisition Act has been rejected on the ground that he has received amount payable under the Rehabilitation Scheme floated by the Government of Maharashtra. 2. Respondent No.1 – Land Acquisition Officer has stated that Government Resolution under which the payment of rehabilitation package is paid provides that a person who avails of the said benefits is not entitled to seek reference for enhancement of compensation under Section 18 or file application under Section 28A of the Land Acquisition Act, 1894. 3. It is held in the case of Motiram Zingar Wawre Vs. State of Maharashtra and ors, reported in 2017(4) Mh. L.J. 627 and Devidas Kawdu Channe and ors Vs. State of Maharashtra and ors, reported in 2024(2) All MR 513 that receipt of amount under Rehabilitation Scheme cannot be a bar to seek reference under Section 18 or to lodge a claim under Section 28A of the Land Acquisition Act. The authority has clearly erred in rejecting application under Section 28A Shubham 2026:BHC-NAG:13110 (2) 40.WP4500.26 of the Land Acquisition Act on the ground that payment under rehabilitation package is received by the petitioners – landowners. 4. In that view of the matter, orders dated 17.07.2025 passed by respondent No. 1 – i.e., the Deputy Collector (Land Acquisition) Akola, in Case No. 28A/08/Batwadi (Khu), Tah. Balapur, Dist. Akola/2022 is quashed and set aside. 5. The respondent No.1 – Land Acquisition Officer is directed to decide petitioner’s application under Section 28A of the Land Acquisition Act afresh, on its own merits and in accordance with law. 6. All points including point of limitation are kept open. (NANDESH S. DESHPANDE, J.) Shubham