Ujjal Bhuyan, J.

1. The respondent is the owner and possessor of a plot of land measuring 15 bighas under Periodic Patta No. 346/76 located at Pukpui in the district of Lunglei, Mizoram. The said land was developed by the respondent and his family members where they cultivated various-crops and vegetables yielding good returns. According to the respondent, this was the main source of income and sustenance. For the construction of the Aizawl-Thenzawl-Lunglei road under the World Bank Aided Project, it became necessary to acquire the aforesaid land of the respondent. Accordingly, land acquisition process was initiated on 14-3-2001 by issuance of notice under Section 4(1) of the Land Acquisition Act, 1894. Ultimately, an award No. 1 W. B of 2003 was passed on 20-9-2003. Land acquired was 48958.00 sq. ft. and the compensation awarded was Rs. 1,00,048.00.

2. The State Government of Mizoram has prepared a policy called the "Resettlement and Rehabilitation Policy" which is applicable to the World Bank Aided projects for construction of roads in the State of Mizoram. According to Clause 2.3 of the said policy, all the acquisition of private lands would be carried out under the Land Acquisition Act, 1894 (briefly "the Act" hereafter) and further support will be extended under the broad principles of the policy to meet the replacement value of the assets and to improve the standard of living of the displaced people. Clause 5.1(ii) of the policy acknowledges the traditional practice recognizing people's right over the land and provides that absence of legal title to land will not bar the people from getting assistance at the replacement value for the affected land. As per Clause 5.2(ii), the compensation for land and building shall be provided within the ambit of the Act and to meet the replacement value, resettlement and rehabilitation assistance will be provided. Clause 5.2 (iv) provides that in case of acquisition of houses/buildings/other assets, the replacement value will be assessed as per procedure laid down in Clause 7.5 and that if the replacement value is more than the compensation determined, the difference would be paid by the project in the form of assistance. As per Clause 7.1, the compensation payments will be based on official record and physical verification. If 75% or more land holding is acquired or when the remaining part of the land after acquisition becomes unviable, the owner will have the right to seek acquisition of his/her entire contiguous holding/property provided the residual land is less than the Minimum Economic Holding (Clause 7.3). Clause 7.8 provides for constitution of a committee to determine the replacement value of the land and structures, for assessing the temporary impact and for providing necessary guidance for assistance.

3. In compliance with Clause 7.8 as referred to above, a Special Committee for Lunglei town area including the Pukpui area within which the land of the respondent is situated was constituted on 10-1-2003. The said committee took a decision on 7-5-2003 vide resolution No. 4 determining the land value. The said committee decided that Rs. 0.50 per Sq. ft. should be adopted with regard to agricultural land.

4. In terms of the said policy, the assistance payable to the respondent for the acquisition was initially calculated at Rs. 19,012/-. An objection being raised by the respondent, the said land of the respondent was reassessed and the replacement value was calculated at Rs. 1,00,048/-, following which the award was passed as stated above. The awarded amount was received by the respondent in 2(two) installments on 29-11-2003 and 29-4-2004.

5. As the respondent was aggrieved by the assistance provided, he submitted a representation before the Special land Acquisition Officer to assess the value of his land at Rs. 50 per sq. ft. and to take into consideration the potentialities of the land. A further prayer was made that if his prayer could not be granted by the authority, refere