JUDGMENT :

R.D. Dhanuka, J.

1. Rule. Mr.Gokhale, ‘B’ Panel Counsel waives service for the Respondent Nos.1 to 3 in both the matters. Rule is made returnable forthwith.

2. By the Writ Petition No.15511 of 2022 filed under Article 226 of the Constitution of India, the Petitioner has prayed for a Writ of Mandamus against the Respondent No.1 to pay enhanced compensation for acquisition contemplated under Sections 26 to 30 of the Land Acquisition Act, 1894 read with Section 24(1) (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the said Fair Compensation Act”). The Petitioner also prays for a Writ of Mandamus against the Respondent No.1 to refer to an appropriate authority for compliance and payment of enhanced compensation under Sections 26 to 30 of the Land Acquisition Act, 1894 and to take appropriate steps for deciding the entitlement and apportionment thereof.

3. By the Writ Petition No.2570 of 2022 filed under Article 226 of the Constitution of India, the Petitioner has prayed for a Writ of Mandamus against the Respondent No.1 to refer the matter of apportionment to the Civil Court as per provisions contained in Section 30 of the Land Acquisition Act, 1894 read with Section 24(1)(2) of the Fair Compensation Act calling upon the Respondents to apportion the amount as deposited in the Civil Court with interest to the Petitioner in terms of Sections 24,26, 27, 28 & 30 of the Fair Compensation Act.

Facts and Submissions in Writ Petition No.15511 of 2022 :-

4. The Petitioner claims to be the legal heir and representative of late Mr.Abdul Karim Suleman Shaikh who was the grandfather of the petitioner by way of oral Hiba-nama dated 21st April 2006 in respect of undivided share and interest in respect of land bearing R.S. No.144/A/1 admeasuring 14 hectares (old Survey No.571/A) situated in Village Malakpur, Tehsil Kharad, District Satara, Maharashtra (hereinafter referred to as “the writ property”).

5. It is the case of the petitioner that immovable property bearing No. R.S. No. 144/A/2 admeasuring 26 R (carved out of original survey no.571/A) was originally owned by Late Vithal Balkrishna Shikare who conveyed the said writ property under a Registered Mortgage Deed dated 6th July 1938 in the name of Bhau Nagu Yedge and his family members for a sum of Rs.500/-. It is the case of the petitioner that in consideration of Rs.300/- out of the said amount, the mortgagees were to enjoy the fruits of the said property while for the rest of the amount of Rs.200/-, an interest at the rate of Rs.7.5% p.a. was to be paid.

6. Some time in the year 1947, Late Vithal Balkrishna Shikhare filed a suit bearing No.6879 of 1947 for redemption of mortgage to obtain relief from debt under the Bombay Agricultural Debt Relief Act. The said suit was dismissed on 16th August 1949 on the ground that the Late Vithal Balkrishna Shikhare (plaintiff therein) was a non-agriculturalist.

7. It is the case of the Petitioner that Mr.Bhau Nagu Yedge in whose favour the Deed of Mortgage was executed on 6th July 1938 along with his family members sold the writ property to Abdul Karim Suleman Shaikh by a Registered Sale Deed dated 9 February 1970. The name of the said Mr.Abdul Karim Suleman Shaikh was mutated in the revenue record at entry no.15035. Some time in the year 1971, the writ property was sought to be acquired for the public purpose by the State Government. Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 18th March 1971. It is the case of the Petitioner that subsequently thereto form for cancellation of notification under Section 4 of the Land Acquisition Act was issued on 3rd December 1971.

8. On 13 April 1972, the notification under Section 6 of the Land Acquisition Act was issued by the Additional Commissioner, Pune. The total area lying in Revenue Survey No.571/A which belonged to Late Mr.Abdul Karim Suleman Shaikh was formed a part of the acquisition proceeding