JUDGMENT

Anuja Prabhudessai, J. - All these Petitions involve identical issues and are being disposed of by this common Judgment and Order.

2. The Petitioners have questioned the legality and validity of the orders passed by the SDO rejecting their applications for payment of compensation. The Petitioners have also prayed for a writ of mandamus directing the SDO to refer the dispute to the Competent Court and to deposit the compensation in the said Court.

3. The State of Maharashtra proposed to develop the lands situated in villages Rohkal and Ambethan, Taluka Khed, Pune District as Chakan Industrial Area, phase 5. By notification dated 20.09.2003, issued in exercise of powers under Section 1 (3) of the MAHARASHTRA INDUSTRIAL DEVELOPMENT ACT , 1961, hereinafter referred to as the MID Act, the provisions of Chapter VI of the MID Act were made applicable with effect from 23.03.2005 to the lands as notified and declared to be industrial area. Notification under Section 32 (2) of the MID Act was published in the Government Gazette dated 03.05.2007. Notices were also served upon the owners/interested persons to show cause why the proposed lands should not be acquired for industrial purpose. Upon complying with the mandatory procedure of personal hearing, notification dated 08.06.2017 under Section 32 (1) of the MID Act came to be published in the Government Gazettes dated 8 to 14 June 2017, thereby vesting the said lands in the government free from all encumbrances on and from the date of such publication. In accordance with agreements between the State Government and the concerned Owners/Occupants, the Sub-Divisional Officer, Khed (SDO) vide Awards dated 16.09.2019 and 27.12.2019 determined compensation of the acquired land @ Rs.1,37,50,000/- per hector.

4. The Petitioners filed Applications/Objections before the SDO and claimed that the Occupants of the subject lands had assigned the right to receive compensation in their favour and that they have filed Suits for specific performance. The Petitioners also brought to the notice of the SDO that one of the Suits has been disposed of by the Lok Adalat Award, some are decreed on merits and others are pending adjudication. The Petitioners claimed that they are entitled to receive the entire compensation by virtue of the said agreements, Lok Adalat Award and Judgments passed by the Civil Court. The Petitioners therefore prayed that the compensation be paid to them or in the alternative to refer the dispute to the competent Court and to deposit the amount of compensation in the Court.

5. The SDO, upon hearing the respective parties, held that the land belongs to the tribals and the same cannot be transferred in favour of a non-tribal without prior sanction of the Collector and approval of the State Government as contemplated under Section 36A of the Maharashtra Land Revenue Code ( MLRC ). The learned SDO further held that the jurisdiction of the Civil Court to decide the issue is barred under Section 10 of Maharashtra Restoration of Land to Schedule Tribes Act, 1974 . The learned SDO has further held that transfer of the subject land pending acquisition under the provisions of MIDC was prohibited as per the mutation entries made in the Revenue Record. The learned SDO held that the provisions of Section 35 of MIDC were not applicable and hence rejected the Applications/Objections filed by the Petitioners and ordered payment of compensation to the Occupants. Being aggrieved by the order of the SDO, the Petitioners have invoked the writ jurisdiction of this Court.

6. The Petitioners claim that they have entered into Agree