IMPORTANT POINT
The court affirmed the obligation to pay compensation for land acquisition, emphasizing the learned Single Judge's jurisdiction to direct payment when no challenge to the award existed.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. S. Dutta, the learned Senior counsel assisted by Mr. R. Subedi, the learned counsel appearing on behalf of the Appellants and Mr. C. Lalfakzuala, the learned counsel appearing on behalf of the private Respondents. I have also heard Ms. Zairemsangpuii, the learned CGC, appearing on behalf of the Union of India.

2. This intra-Court Writ Appeal is directed against the judgment and order dated 04.12.2019 passed in WP(C) No. 71/2018 whereby the learned Single Judge directed the District Collector Lawngtlai District, Lawngtlai to make appropriate calculation on the interest payable to the Petitioners which should be for the entire amount of compensation i.e. including the solatium and interest. The learned Single Judge further directed that the said calculation should be done within a period of 6 (six) weeks from the date of receipt of the certified copy of the impugned judgment and order. Further to that, the learned Single Judge directed that upon such calculation being made, the Collector shall forward the same to the Respondent Nos. 3 to 6 of the writ petition who shall make necessary arrangements of the funds required as expeditiously as possible and preferably within a period of 3 (three) months from the date of receipt of the requisition for funds from the Collector. It was further directed that the Respondents in the writ petition shall co-ordinate and ensure that the petitioners get their due compensation without delay.

3. To adjudicate the challenge to the impugned judgment and order, it is relevant to take note of the brief facts which led to the filing of the writ petition as well as the present Writ Appeal.

4. For the purpose of convenience, the parties herein are referred to in the same status as was arrayed in the Writ Petition. The Government of Mizoram through its Principal Secretary, Land Revenue and Settlement Department had published a notification under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act of 1894’) on 26.10.2012 for construction of Indo-Bangla Border Fencing (IBBF) and approach road to BOPs within Lawngtlai District. Subsequent thereto, a declaration was made in terms with Section 6 of the Act of 1894 on 08.04.2013 that the land specified in the Schedule which included the land of the Petitioners, were required for public purpose. The Deputy Commissioner, Lawngtlai District was also appointed to perform the functions of a Collector and directed to take order for acquisition of the said land. Thereafter, the necessary formalities in terms with the provisions of the Act of 1894 were carried out and two awards were prepared. The first award pertained to Award No. 1‘A’ of 2015 amounting to Rs.16,24,94,217/-and the second award being Award No. 1‘B’ of 2015 amounting to Rs.8,65,75,526/-. Both these awards were approved by the Government of Mizoram vide Memo No. K.12011/53/13-REV/Pt dated 18.09.2015. The contents of the approval of Award No. 1‘A’ of 2015 and Award No. 1‘B’ of 2015 dated 18.09.2015 are reproduced herein under:

“NO. K. 12011/53/13-REV/PT

GOVERNMENT OF MIZORAM

LAND REVENUE & SETTLEMENT DEPARTMENT

Secretariat Annex-1, 2ndFloor, Room No. 205

Treasury Square, Aizawl – 796001

Aizawl, the 18th Sept. 2015

To

The Deputy Commissioner/District Collector,

Lawngtlai District, Lawngtlai.

Mizoram.

Subject: Approval of Award No. 1‘A’ of 2015 and Award No. 1‘B’ of 2015

Sir,

With reference to the subject cited above, I am directed to convey herewith approval of Draft Award No. 1‘A’ of 2015 amounting to Rs.16,24,94,217/-(Rupees sixteen crore twenty four lakh ninety four thousand two hundred seventeen) only and Draft Award No. 1‘B’of 2015 amounting to Rs.8,65,75,526/-(Rupees eight crore sixty five lakh seventy five thousand five hundred twenty six) only respectively for acquisition of land for construction of IBB Fencing and approach road within Lawngtlai District.

Payment should be made by crossed cheque and not in cash.

Compensation should be disbursed subject to the co