DILIP BABUBHAI SHAH Vs. ADDITIONAL RESIDENT DEPUTY COLLECTOR

JUDGEMENT

(1.) 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 Sec. 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 dtd. 9/3/2022 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 :