The award under Section 23-A of the Fair Compensation Act, 2013 is not final and binding if all 'persons interested' did not appear before the Competent Authority and agree in writing on the matters to be included in the award.

JUDGMENT

R.D. Dhanuka, J. - By this Petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for a writ of certiorari for quashing and setting aside the proceedings under Section 23-A of the The Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the said 'Fair Compensation Act, 2013') and in particular the Consent Agreements dated 9th March, 2022 executed by the Respondent Nos.4 to 27.

2. The Petitioners also seek a writ of mandamus against the Respondent Nos.4 to 29 to return the amount received by them from the Respondent No.1 and deposit to the credit of the Special Civil Suit No.41 of 2010 pending before the Court of Civil Judge, Senior Judge, Palghar, subject to adjudication and final outcome of the aforesaid Special Civil Suit.

3. The Petitioners have also prayed for a writ of mandamus against the Respondent Nos.1 and 2 to recover the amount received from the Respondent Nos.4 to 29 as arrears of land revenue by initiating appropriate proceedings in accordance with law and to credit the same to Special Civil Suit No.41 of 2010, in the event of the Respondent Nos.4 to 32 fail and neglect to credit such amount to Special Civil Suit No.41 of 2010. Some of the relevant facts for the purpose of deciding this petition are as under :

4. The Petitioner Nos.1 and 2 are the husband and wife respectively. The Petitioner No.3 is the son of the Petitioner Nos.1 and 2. The Petitioner Nos.4 and 5 are the daughters of the Petitioner Nos.1 and 2. The Petitioners claim to be 'persons interested' under the provisions of the said Fair Compensation Act, 2013 in respect of the lands bearing Survey / Hissa Nos.183/1/A and 184/2/A at Village Varvada, Taluka Talasari, District Palghar, Maharashtra.

5. It is the case of the Petitioners that the Respondent Nos.4 to 32 are individuals, who along with the Respondent No.1, have illegally submitted the writ lands to acquisition under Section 23-A of the Fair Compensation Act, 2013 behind the back of the Petitioners.

6. Some time in the year 2010, the Petitioners filed Special Civil Suit No.41 of 2010 against the Respondent Nos.4 to 29 under Order 39, Rule 1 and 2 of the Code of Civil Procedure before the Civil Judge,Senior Division Palghar for partition, separate possession, cancellation of certain sale deeds and for permanent injunction regarding the property situated in Gujarat, Gandhinagar and Dahanu. The Petitioners also registered the lis pendense covering all the said properties and got it registered with the Sub-Registrar, Talasari.

7. On 17th January, 2013, the Civil Court passed an order restraining the Respondent Nos.4 to 29 from creating third party interest or exchanging or conveying or leasing out or mortgaging the lands forming part of Schedule 'A', 'B' and 'C' of the Plaint which included the writ lands specifically. The Civil Court also restrained the other Respondents in the said suit from carrying out construction in respect of some of the lands which were the subject matter of the aforesaid suit.

8. On 6th February, 2014, father of the Petitioner No.1 expired. It is the case of the Petitioners that some time in the month of March, 2022, they learnt from certain sources that the lands bearing Survey / Hissa Nos.183/1/A and 184/2/A at Village Varvada, Taluka Talasari, District Palghar, Maharashtra came to be acquired for the purpose of a Bullet Train Project being undertaken by National High Speed Rail Corporation Limited. The Petitioner No.1 obtained the information by visiting the office of the Competent Authority on 21st March, 2022 regarding acquisition of the writ lands.

9. On 22nd March, 2022, this Court in an Appeal From Order No.444 of 2013, which was filed by some of the Respondents, confirmed the interim order passed by the Civil Court.

10. It is the case of the Petitioners that the Petitioners obtained certain documents by applying under the provisions of the Right to Information Act in respect of the