JUDGMENT :

Jitendra Jain, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. By this petition under Article 226 of the Constitution of India, the Petitioners have prayed for following reliefs:-

“(a) That this Hon’ble Court be pleased to issue a writ of Mandamus or a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents to take appropriate action to hand over actual physical possession of deficit area viz. 0 Hec. 11 R to Petitioner No.1 and 0 Hec. 29 R to Petitioner No.2 from the land available at Uchgaon, Tal. Karveer, Dist. Kolhapur out of Gat No.160/7 which is demanded by the Petitioners;

(b) That this Hon’ble Court be pleased to issue a writ of Mandamus or a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction of quashing of the orders of Respondent No.3 dated 17/08/2022 sent to Petitioners;

(c) That this Hon’ble Court be pleased to pass the order of prohibiting the Respondent Nos.2 and 3 from allotting the land available at Uchgaon, Tal. Karveer, Dist. Kolhapur out of Gat No.160/7 which is demanded by the Petitioners till pending the hearing and final disposal of the Writ Petition.

(d) A sum of Rs.20,000/- per month may kindly be ordered to be given as compensation from 1985 till actual allotment of land to each Petitioner.”

3. Narrative of the relevant events:-

(i) The Petitioner No.1 is a daughter of late Mr. Sakhoba Babaji Manjare and the Petitioner No.2 is a relative and beneficiary by testamentary disposition of late Mr. Vithoba Babaji Manjare. Late Mr. Sakhoba Babaji Manjare and late Vithoba Babaji Manjare are sons’ of Babaji Manjare. Mr. Sakhoba B. Manjare died on 9th December 1979 and Vithoba Manjare died on 26th September 2001.

(ii) On 31st December 1971, a notice under Section 4(1) of the Land Acquisition Act, 1894, came to be issued to Mr. Vithoba Manjare with respect to the land which was originally belonging to his father Mr. Babaji Manjare.

(iii) On 15th April 1974, proceedings under Section 9 of the Land Acquisition Act, 1894, were taken for acquiring land admeasuring 6 H 24 R. The said notice under Section 9 was issued to Mr. Vithoba Babaji Manjare.

(iv) Pursuant to the above proceedings under the Land Acquisition Act, 1894, a compensation of Rs.7,020/- was awarded to Mr. Vithoba Manjare towards acquisition of land admeasuring 6 H 24 R and the said compensation was accepted by Mr. Vithoba Manjare.

(v) On 9th July 1993, Mr. Vithoba Manjare deposited a sum of Rs.6,225/- towards allotment of land in lieu of acquisition under the Land Acquisition Act, 1894.

(vii) On 15th December 2000, Respondents allotted 1 H 21 R against entitlement of 1 H 60 R in lieu of acquisition of 6 H 24 R of land. Similar order was passed allotting 0.40 R to Petitioner No.1, daughter of late Mr. Sakhoba Manjare.

(viii) Pursuant to a camp organized by the Respondents, the Petitioners made an application on 30th May 2022 for allotment of 0.40 R being short fall of the land allotted to Mr. Vithoba Babaji Manjare and 0.11 R, being short fall of land allotted to Mr. Sakhoba Manjare.

(ix) On 17th August 2022, the Respondents rejected the aforesaid application of the Petitioners on the ground that the Petitioners do not fall within the definition of family provided under part III and part IV of schedule to the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (for short “the 1999 Act”). It is on this backdrop that the present petition is filed for the reliefs reproduced hereinabove.

4. We have heard the learned counsels for the Petitioners and the Respondents and with the assistance of the counsels have also perused the records of the present petition.

5. Submissions of the Petitioner :- The Petitioners contended that they are legally entitle for resettlement of the land as per Section 16 of the 1999 Act in their capacity as legal heir and pursuant to testamentary disposition made by Mr. Vith