M.R. Pathak, J.

1. Heard Mr. C. Lalramzauva, learned Sr. counsel, assisted by learned A.R. Malhotra, learned counsel appearing for the petitioners. Also heard Mr. M.K. Choudhury, learned Sr. Counsel assisted by Mr. T.N. Srinivasan for respondent No. 2 with Mr. A.K. Rokhum, learned counsel for the respondent Nos. 1 & 2.

2. Government of India decided to setup 60 Mega Watt Tuirial Hydro Electric Project at Aizawl District in the State of Mizoram through the North Eastern Electric Power Cooperation limited (NEEPCO, in short). For the said purpose on 29.05.1996 an agreement was entered in to between NEEPCO and Government of Mizoram. As per the terms of said agreement, amongst others, it was provided that out of total power generated by the said project, 12% power would be given free to the State of Mizoram and the total land required for the said project shall be acquired by the State Government and such acquired land shall be handed over to NEEPCO on payment of necessary fee to the State Government as assessed.

3. The land required for the said project was identified and surveyed. On such survey, it was found that the entire area required for the project falls within Reverine Reserve Forest of Tuirial and accordingly the Forest Department of the State informed the Power & Electricity Department of the State about the same. On process, the Ministry of Environment, Government of India, subject to compensatory afforestation over equal area of non-forest land and some other terms & condition, allowed the diversion of 5380 Hectares of forest land for execution of the said Tuirial Power Project. For the same NEEPCO paid Rs. 24.46 Crores to the State Government towards such compensatory afforestation.

4. On the other hand, for the Submergence area of said Tuirial Project, Government of Mizoram in its Revenue Department after proper demarcation and measurement, acquired 9189.94 Bighas of land in the Aizawl District under Land Acquisition Act 1894 as amended (L.A. Act, in short). For acquisition of said land, a Notification under Section4(1) under the L.A. Act was earlier issued on 03.03.1997, but said acquisition proceeding lapsed as Declaration/Award under the L.A. Act could not issued/passed within the time provided under the said Act. Subsequently another Notification under Section 4(1) of the LA Act was issued on 20.8.2001 and Declaration under Section 6 of the said 1894 Act was issued on 09.05.2003. After issuing Notice under Section 9 of the L.A. Act to the persons interested in the land for said acquired land, the Collector & Deputy Commissioner, Aizawl District, Aizawl on 14.07.2003 passed the necessary Award under the L.A. Act in the Award No. 6/2003 determining land acquisition compensation at Rs. 5,53,36,663/- for the aforesaid land. It is to be noted herein that said Award No. 6/2003 contained 2(two) parts, namely, (i) Part-I - Private lands covered by LSCs within Ratu & North Serzawl Village Council Area under Court Cases, containing 697.27 Bighas and (ii) Part-II - Private lands covered by LSCs within Ratu & North Serzawl Village Council Area - other than Court Cases with 6(six) Blocks for the remaining acquired land.

5. Petitioners land also acquired for the aforesaid project and their land value was determined under Part-I of the aforesaid Award No. 6/2003. Being aggrieved with such determination of land acquisition compensation in the Award No. 6/2003 of the Collector of Aizawl District, they submitted petition to the said District Collector to refer the matter to the Court for due determination of land acquisition compensation and accordingly matter was referred to the Court. The learned Reference Court viz. the Court of learned Additional District Magistrate (Judicial), Aizawl by its order dated 26.09.2005 passed in L.A. Case No. 1/2014 directed the District Collector, Aizawl to pay 30% Solatium with interest @ 12% per annum from the date of first Notification (03.03.1997). Subsequently, as per order dated 26.09.2