JUDGMENT :

R.D.Dhanuka, J.

Rule. Learned A.G.P. waives service for the Respondents. Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of India, the Petitioners seek a writ of mandamus against the Respondents to forthwith initiate land acquisition proceedings of the Petitioners’ land described in prayer clause (b) of the petition under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to pay the compensation amount as per the provisions of the said Act and for other reliefs.

3. The State of Maharashtra has published a notification under Section 4 of the Land Acquisition Act, 1894 in respect of the land bearing no. 1248/1 B + 2 B having new Gat No. 68/1B + 2/A admeasuring 1-H : 21-R situated at Village Mirajwadi, Taluka Walwa, District Sangli on 12th January, 1984. The Petitioners filed writ petition bearing no. 236 of 1989 in this Court inter alia praying for a writ of certiorari for quashing and setting aside the said notification dated 12th January, 1984 issued under Section 4 and the declaration dated 18th October, 1986 under Section 6 of the Land Acquisition Act, 1894. During the pendency of the said writ petition, the award came to be made in furtherance of the notification under Sections 4 and 6 of the Land Acquisition Act, 1894 on 24th February, 1989.

4. During the pendency of the said writ petition, the Petitioner forwarded a proposal of alternate land 1616/1B situated at Village Karandwadi, Taluka Walwa instead of 1248/1B+2/2 of Village Mirajwadi. The said proposal was accepted by the Respondents. In view of the Respondents accepting the said alternate land offered by the Petitioners, Survey No. 1616/1B from Karandwadi instead of land bearing Survey No. 1248/1B+2/2 of Village Mirajwadi, this Court disposed off the said writ petition bearing no. 236 of 1989 recording that in view of the acceptance of alternate land, the acquisition proceedings in respect of the notified land did not survive.

5. The alternate land offered by the Petitioners bearing no.1616/1B however was found as Saline land (Ksharpad) and therefore project affected persons were not ready and willing to accept this alternate land, as the same was not fit for agriculture. The Petitioners therefore suggested another land bearing survey no. 205/1+2A of Village Karandwadi on 26th February, 2013. It is common ground that this alternate land proposed by the Petitioners, was accepted by the Respondents and therefore the Petitioners were entitled to the compensation in respect of the second alternate land offered by them. In this regard, the order was passed by the Collector on 8th April, 2013 recording this fact and accepting the second alternate land offered by the Petitioners.

6. Insofar as the issue of compensation is concerned, it is the case of the Respondents that the compensation was deposited by the Respondents in the PLA Account on 10th April, 2001.

7. The provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the said Act” for short) came into force w.e.f. 1st January, 2014. A question that falls for consideration of this Court is whether the Respondents not having deposited the compensation payable to the Petitioners in the Court or not having paid to the Petitioners prior to 1st April, 2014, whether the Petitioners would be entitled to seek compensation under proviso to Section 24(2) of the said Act or not.

8. It is submitted by the learned counsel for the Petitioners that the land acquisition proceedings initiated in respect of the original land were pending when the writ petition was filed by the Petitioners. The Petitioners had offered the alternate land to the Respondents in lieu of the original plot which was the subject matter of the acquisition proceedings. The Respondents had accepted the alternate land offered by the Petitioners, in lieu of the acceptan