JUDGMENT :

M.M. SATHAYE, J.

1. Rule. Learned AGP waives service for Respondent Nos. 1 to 3 and 9. Mr. Pethe, learned Advocate waives service for Respondent Nos. 5 to 8. Mr. Desphande appears for Atur Park Co-op Housing Society Ltd. (Intervenor) who was permitted to attend final hearing and make submissions if necessary, under Order dated 23/02/2021 in Interim Application No. 353 of 2021. Rule is made returnable forthwith. The Petition is heard finally by consent of the parties.

2. This is a Petition filed ostensibly by the Society but through Power of Attorney holder Developer through its partner, under Article 226 of the Constitution of the India, seeking a writ of mandamus directing Respondents (State Government and Pune Municipal Corporation Authorities) to acquire an area of 1891.85 sq mtrs, comprising of 15.70 mtrs wide strip of land on the south side of CTS No. 11/1/A adjoining to the railway track situated at 5, Koregaon Road, Taluka Haveli, District Pune. The Petitioner also seeks a writ of mandamus directing Respondents to acquire the land under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (For short Fair Compensation Act). The Petitioner in alternative to prayer clause ‘A’ seeks an order restraining the Respondents from utilising or removing the barricades on the said strip of land. There is one more prayer made in the Petition which is a direction to Respondents to consider alignment of the D.P. road from boundary of the Railway line as per the Development plan.

PETITIONER’S CASE :

3. The case of the Petitioner is summarised as under. The Petitioner is a Co-operative Housing Society duly registered under the provisions of the Maharashtra Co-operative Societies Act. The Petitioner-Society is an owner of 8177 sq mtrs of land out of area admeasuring 28012 sq. mtrs. bearing CTS No. 11/1/A, which land was conveyed in the name of the society by the registered Conveyance Deed dated 28th July 2018. According to the Petitioner- Society, on the South side of the property, there is a strip of land which is 15.7 sq. mtrs wide, admeasuring 1891.85 sq. mtrs., adjoining railway track, which comprises of internal road having a width of 10.85 mtrs and the society garden having width of 4.85 mtrs which is shown in the sanctioned lay-out plan of the society. According to the Petitioner, the internal road is partially overlapped by Development Plan Road (“DP Road” for short) having width of 12 mtrs which is now shown in the Development Plan of the year 2017 abutting railway line.

4. On 15/10/1987, the Developer purchased Survey No. 11/1 from Sir Shapoorji Burjorji Broacha Charity Trust. From the year 1987 till filing of the Writ Petition, the entire CTS No. 11/1 was developed in 4 phases and multiple lay out plans have been sanctioned.

5. In the year 1987, when the first lay out plan was sanctioned, an area admeasuring 7111.12 sq. mtr, was required to be handed over to the Government as part of requirement under Urban Land (Ceiling and Regulation) Act, 1976 (“Ceiling Act” or “ULC” for short). By an order dated 17/02/1990, an exemption order was passed under Section 20(1)(a) of the Ceiling Act. This order was passed after handing over another plot bearing survey no. 228/5 at Lohegaon admeasuring 18000 sq mtrs. By this exemption order, the area admeasuring 7111.12 sq. mtrs. was exempted.

6. In the year 2001, the promoter got the area measured from the department of Land Record because when the first lay out plan was sanctioned, the area was not properly shown. Under this measurement and demarcation plan, boundary of CTS No. 11/1/A is shown extended upto railway line.

7. The area which was incorrectly shown in the first lay out plan was finally corrected by Collector’s order dated 25th March 2004, under which the area is increased from 26703 sq. mtrs to 28012 sq. mtrs. and the boundary of CTS No. 11/1/A was extended upto railway line.

8. On 25/09/2006, the developer paid Rs. 18,86,50