IMPORTANT POINT
The Mizoram Land Acquisition Act is inapplicable due to lack of Presidential assent, and compensation must be determined under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.

JUDGMENT :

VIJAY BISHNOI, C.J.

1. Heard Mr. B. Deb, learned Advocate General, Mizoram, assisted by Mr. A. Barua, learned Government Advocate, Mizoram, representing the appellants in both these writ appeals. Also heard Mr. P.D. Nair, learned counsel appearing for the respondent Nos.1 to 88 in Writ Appeal No. 71/2018 and for respondent Nos.1 to 68 in Writ Appeal No. 70/2018 and Mr. K. Gogoi, learned Central Government Counsel, representing the respondent Nos.89 to 92 in Writ Appeal No. 71/2018 and for the respondent Nos.69 to 72 in Writ Appeal No. 70/2018.

2. These 2(two) writ appeals are filed by the State of Mizoram being aggrieved with the common judgment & order dated 15.11.2017 passed by the learned Single Judge in WP(C) No. 20/2014 and WP(C) No. 30/2014, whereby the learned Single Judge, while disposing of the writ petitions filed on behalf of the writ petitioners (private respondents herein), has directed the State respondents to complete the acquisition proceedings of the private respondents’/writ petitioners’ lands as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as the “Act of 2013”) within a period of 4(four) months from the date of receipt of a copy of the said judgment & order. By the said judgment & order, a direction was also issued to the Union of India to deposit the amount of compensation awarded within a further period of 3(three) months in the Office of the District Collector, Lunglei, who shall disburse the same to the land owners.

3. The brief facts of the case which are not in dispute are that the lands belonging to the private respondents/writ petitioners are in occupation of the Security Forces since 1966 and at present are occupied by the Assam Rifles. The private respondents/writ petitioners have raised their voice and on the basis of the survey conducted by the Government of Mizoram, they were paid rent from the year 1966 to 1986 against the said occupation. However, from the year 1986 when due rent was not paid to the private respondents/writ petitioners and other similarly situated persons, they have approached this Court by way of filing WP(C) No. 41/2010, which came to be disposed of by the learned Single Judge vide order dated 25.06.2010 directing the respondents therein to make a spot verification to ascertain whether the lands of the private respondents/writ petitioners are in occupation of the Assam Rifles and has further directed that after such verification, the report shall be submitted to the Ministry of Home Affairs, Government of India, who shall proceed further on the basis of the said report.

4. Pursuant to the said direction, a joint spot verification was conducted and on the basis of the same, it is verified that 57.73 Acres of land situated in Lunglawn, Lunglei is in occupation of the Assam Rifles. On the basis of the said spot verification, an assessment of the rent to be paid to the land owners was made and as per the said assessment, rent has also been paid to the land owners from the year 1986 to 31.12.2010. However, after 31.12.2010 no rent was paid to the private respondents/ writ petitioners for which a separate writ petition was filed before the Aizawl Bench of this Court. However, till the decision was passed by the learned Single Judge, the said writ petition was still pending.

5. Since the lands belonging to the private respondents/writ petitioners and other similarly situated persons remained under occupation of the Assam Rifles, 2(two) writ petitions, viz. WP(C) No. 41/2011 and WP(C) No. 53/2011, have been filed by the land owners before the Aizawl Bench of this Court seeking a relief that the respondents Union of India as well as the State Government be directed either to handover the possession of the land to them or to pay adequate compensation to them by initiating acquisition proceedings.

6. The learned Single Judge of this Court, after considering the rival