Michael Zothankhuma, J.

1. Heard Mr. P.D. Nair, learned counsel for the petitioners. Also heard Ms. Zairemsangpuii, learned CGC appearing for the respondent Nos. 1 to 4 as well as Mrs. Linda L. Fambawl, learned Government Advocate appearing for the respondent Nos. 5 to 7.

The present 2 (two) writ petitions are being disposed of by this common Judgment & Order as the subject-matter in issue is the same.

The present controversy pertains to which law is to be applied for acquisition of land in the State of Mizoram. Whether land is to be acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as the "New L.A. Act, 2013") or the Mizoram (Land Acquisition, Resettlement & Rehabilitation) Act, 2016 (herein after referred to as the "Mizoram L.A. Act, 2016").

2. The brief facts of the case is that the petitioners are the landowners of lands located in Lunglawn area of Lunglei District which have been occupied by the security forces of the Union of India since 1966 without acquiring the same. Presently, these lands are under occupation of the Assam Rifles. The petitioners have, thus, been denied any access to their said private lands, thereby denying them the right to enjoy and use their own lands. In such a situation, the petitioners and some others had earlier approached this Hon'ble Court by way of WP(C) Nos. 41/2011 and 53/2011, praying for directions to be issued to the respondent authorities to either give the petitioners vacant possession of their said lands or to acquire them. The said writ petitions were disposed of vide Judgments and Orders, dated 26/04/2012, directing initiation of land acquisition proceedings in respect of the occupied lands by issuing notification under Section 4 of the Land Acquisition Act, 1894 within a period of 3 months and to proceed with the acquisition proceedings.

3. In pursuance to the said judgments and orders dated 26/04/2012 passed in WP(C) Nos. 41/2011 and 53/2011, notification dated 05/07/2012 was issued by the Government of Mizoram under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'L.A. Act, 1894' in short) for acquiring the petitioners' land, to establish an Assam Rifles Battalion Key Location Plan. Thereafter, declaration under Section 6 of the L.A. Act, 1894 was also made. The petitioners had agreed to the acquisition of their lands indicated in the notification dated 05/07/2012. However, after issuance of the notification under Section 4 and declaration under Section 6 of the L.A. Act, 1894, the proceedings for acquisition of the lands did not move forward and no Award under Section 11 of the said Act was made.

4. In the meantime the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'New L.A. Act, 2013' in short) came into force from 01/01/2014. By virtue of Section 24(1) of which the New L.A. Act, 2013, the earlier proceedings under the L.A. Act, 1894 were to continue under the New L.A. Act, 2013 and the compensation was to be determined and the Award made under the provisions of the New L.A. Act, 2013 as no Award under Section 11 of L.A. Act, 1894 had been made.

5. The respondents however, did not process the acquisition proceedings in relation to the petitioners' lands without giving any reasons for the same. The petitioners being aggrieved have accordingly filed the present petition. During the proceedings of this case, the State of Mizoram promulgated the Mizoram (Land Acquisition, Resettlement & Rehabilitation) Ordinance on 08.12.2015 and the same was notified in the Mizoram Gazette dated 17.12.2015. Subsequently, the Mizoram (Land Acquisition, Resettlement & Rehabilitation) Act, 2016 was promulgated and the same came into force on 01.01.2014. The object of the Mizoram L.A. Act, 2016 was to ensure that the land owners and family of the acquired lands are provided just an