JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Mr.Patel, learned Additional Government Pleader waives service for the Respondent Nos.1 to 3. Mr.Kharawala waives service for the Respondent Nos.5 to 8. Dr.Warunjikar, waives service for the Respondent Nos.9 and 10. Mr.Kulkarni waives service for CIDCO - Respondent No.11. Rule is made returnable forthwith. By consent of the parties, the Petition is taken up for final hearing.

2. By this Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a writ of certiorari for quashing and setting the Consent Award dated 4 July, 2017 and for a declaration that the land acquisition proceedings in respect of the writ property bearing Survey No.395, Hissa No.O at Village Vahal, Taluka Panvel, District Raigad admeasuring 01 H 75R (17500 sq. mtrs.) have lapsed.

3. The Petitioner has also prayed for a writ of certiorari for quashing and setting aside the order dated 28 August, 2015 passed by the Respondent No.2 and further seeks a writ of mandamus against the Respondent Nos.1 to 3 to pass an order under Section 11 of the Land Acquisition Act, 1894 in the name of the Petitioner in respect of the agricultural land i.e. land bearing Survey No.395, Hissa No. at Village Vahal, Taluka Panvel, District Raigad admeasuring 01 H-75R-OP (17500 sq. mtrs.).

Some of the relevant facts for the purpose of deciding this Petition are as under :-

4. It is the case of the Petitioner that prior to 16 June, 2006, the Respondent No.1 was the owner of the writ property. On 16 June, 2006, the original Respondent Nos.4 and 5 to 7 being consenting party executed a registered Agreement to Sale in respect of the writ property in favour of the Petitioner thereby conferring all rights, title and interest in respect of the writ property in favour of the Petitioner.

5. On 24 December, 2012, the original Respondent No.4 through his power of attorney holder made an application dated 12 April, 2012 to the learned Additional Collector of Raigad at Alibag for sale of the said property. It is the case of the Petitioner that the learned Additional Collector after considering the said application, opinions of the learned Tahsildar of Panvel and CIDCO, passed an order thereby granting permission for sale of the said property under Section 43 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 and Rules made there under.

6. On 13 February, 2013, the Respondent No.4 through his power of attorney holder executed a registered Sale Deed in favour of the Petitioner thereby conferring all rights, title and interest in respect of the said property in favour of the Petitioner.

7. On 7 December, 2013, the Respondent No.1 issued a Notification which was published in Maharashtra Government Gazette on 16 December, 2013 under Section 4 of the Land Acquisition Act, 1894 regarding intention to acquire the lands at Village Vahal, Taluka Panvel, District Raigad for Navi Mumbai Project and included the writ property in the said Notification.

8. On 1 July, 2014, the Petitioner made an application to the Respondent No.3 and informed the Special Land Acquisition Officer that the Petitioner had purchased the writ property and therefore, and that the Respondents should make all correspondence in respect of the acquisition of the said property with the Petitioner only.

9. On 4 August, 2014, the Petitioner made an application to the Respondent No.3 and informed the Special Land Acquisition Officer that the Petitioner had purchased the writ property and therefore, should make all correspondence in respect of the acquisition of the writ property with the Petitioner only. On 5 August, 2014, the Respondent No.3 addressed a letter to the Petitioner assuring about conducting an enquiry about the grievances of the Petitioner and that the decision of the said enquiry will be communicated to the Petitioner.

10. On 20 May, 2015, the Respondent No.1 decided to acquire the writ property and issued a Declaration under Section 6 of the Land Acquisition Act, 1894,