JUDGMENT :

1. The challenge raised in these writ petitions is to the preliminary notification dated 26.06.2019 issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act of 2013) as well as notification dated 20.06.2020 issued under Section 19 of the Act of 2013. During the pendency of the writ petitions, the Special Land Acquisition Officer passed his award on 16.12.2020 and hence by amending Writ Petition Nos. 2127 of 2020, 1292 of 2021 and 1349 of 2021 a challenge is also raised to the final award. Similar challenge is also raised in Writ Petition No.733 of 2023.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

FACTUAL BACKGROUND

2. The facts relevant for adjudication of these writ petitions are as under:

Samadhi of Shri Gajanan Maharaj Deosthan is located at Shegaon, District Buldana. It is visited by numerous devotees throughout the year. Keeping in mind the huge rush of devotees, the State of Maharashtra had on 26.11.1991 issued a Government Resolution thereby sanctioning a Special Development Plan for Shegaon as a Pilgrimage Centre. Municipal Council, Shegaon was designated as Development Authority for the said purpose. Since the development as was expected to be undertaken under the Special Development Plan could not be effected, Writ Petition No.5856 of 2007 (Anandilal H. Bhutada and others. vs. Shegaon Municipal Council and others) came to be filed in this Court. The said proceedings were treated to be in public interest and the matter was entertained in that context. The State Government having taken cognizance of the rush of devotees at various religious places and with a view to avoid occurrence of any untoward incident as a result of stampede, etc., issued various guidelines vide Government Resolution dated 09.03.2009. These guidelines were made applicable to all religious structures/places in the State. Insofar as the town of Shegaon is concerned, it was noticed that on the western side of Shri Gajanan Maharaj Deosthan - the Sansthan, there were some encroachments in the area called as Matangwadi. The Maharashtra Housing and Area Development Authority (MHADA) constructed various tenements with a view to rehabilitate the persons occupying Matangwadi area.

3. On 08.03.2010 a fresh development plan for extension of the Sansthan premises came to be issued. Some of the present petitioners had approached this Court by filing Writ Petition Nos.4438 of 2017, 4439 of 2017 and 341 of 2018 raising a challenge to the notice dated 03.07.2017 that was issued by Municipal Council, Shegaon, calling upon the said petitioners to vacate the premises in their occupation. Various orders came to be passed from time to time in the said writ petitions. By the order dated 29.11.2017 passed in aforesaid writ petitions alongwith Writ Petition No.5856 of 2007, it was noticed that claims of twenty-seven persons were involved. The report of the Collector indicated that ten properties were privately owned while seventeen properties were subjected to encroachment. After noting that in the light of the development work that had been undertaken and the situation had become irreversible as further development could not be halted, cognizance of the statement made by the petitioners that they were not against such development and that they would co-operate with the Municipal Council, State Government and the Sansthan if their rights were protected was taken. The petitioners were directed to file their affidavits agreeing to hand over their respective sites to the Municipal Council to enable the development work to be undertaken. The said writ petitions came to be disposed of on 05.04.2018 by which various directions were issued by the Court requiring all occupants to vacate their premises within seven days. The lands of the persons recognised by the Collector as owners were deemed to have been acquired and the Spec