JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Mrs. Bane, learned AGP for Respondent Nos.1 and 4 waives service of notice. By consent of parties, Rule is made returnable forthwith.

2. By this Petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for a declaration that lands belonging to the Petitioners to the extent of 14H 40R are free from any encumbrance, of acquisition and/or reservation under the Scheme of Neera Deodhar Project or otherwise as they are illegally acquired/retained by the Respondents without following the due process of law and without paying any compensation to the Petitioners.

3. The Petitioners have also prayed for a Writ of Mandamus against the Respondents to return the possession of the landed property admeasuring 14H 40 R. The Petitioners have prayed for declaration that the award dated 28th May, 2013 is anti-dated, bad in law and for quashing and setting aside the said award dated 28th May, 2013. The Petitioners have also prayed a Writ of Mandamus against the Respondents to acquire land admeasuring 39R afresh under The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short “Fair Compensation Act”) within a period of six months from the date of the order.

4. The Petitioners have also prayed for an order and direction against the State Government to pay interest/damages at rate of 15% per annum on the amount awarded or such other amount as this Court deems fit for the period between 21st March, 1996 to 7th April, 2010. Some of the relevant facts for the purpose of deciding the Petition are as under.

5. Sometime prior to 1990, the State Government decided to implement the Neera Deodhar Project for dam on Neera River and to further acquire lands from the benefited area for rehabilitation of the Project Affected Persons (hereinafter referred to as “PAP”).

6. On 8 May, 1990, the State of Maharashtra issued an Order for acquisition bearing No. RPA 1090/CR/1690/RI. On 3rd August, 1991, the District Collector, Satara assigned/delegated his powers to acquire the lands for rehabilitation of the PAP to the Deputy Collector/Land Acquisition Officer No.19, Satara. On 22 November, 1992, the District Collector, Satara issued a declaration under Section 11(1) of the Maharashtra Project Affected Persons Rehabilitation Act, 1986 (for short “the said Rehabilitation Act), which declaration was published in the daily news paper ‘Sakal’ dated 22 November, 1992, declaring that the land admeasuring about 948 H 14.8 R situated at Village Shirwal, Tahasil- Khandala, Dist. Satara is covered under the benefited zone of the said project.

7. It is the case of the Petitioners that while implementing the said project, State Government prepared a plan of the proposed irrigation canal and accordingly the area of the lands situated at Shirwal were declared as the benefited zone area. However, later on, the State of Maharashtra amended their plan in respect of the said proposed canal and accordingly planning authorities deleted substantial part of the lands situated at Shirwal, which were initially coming under the benefited zone, due to the shifting the mode of canal.

8. It is the case of the Petitioners that out of the total landed property jointly purchased by Petitioner No.1 and Mr. Hirachand Jethmal Chordia at Shirwal, some of the portion of the land was falling within the ambit of the benefited zone of the said project and thus, lands held in either of the names of Petitioner No.1, Mr.Hirachand Jethmal Chordia, Mr. Sampatlal Chordia or Smt. Parvatibai Chordia were prone to acquisition for the rehabilitation of the Project Affected Persons (PAP) under the provisions of Section 13(i) (c) of the said Rehabilitation Act. Accordingly the area of the lands situated at Shirwal were declared as the benefited zone area. However, later on the State of Maharashtra amended their plan in respect of the said proposed canal and accordingly the planning authorities del