The date of approval of the land acquisition award determines the applicable compensation law, affirming entitlement under the 2013 Act when approved after its enactment.

JUDGMENT & ORDER (CAV)

Vijay Bishnoi, CJ.

These writ appeals are preferred by the State being aggrieved with the judgment & order dated 15.03.2017 passed by the learned Single Judge in WP(C) No.5730/2014 and WP(C) No.6397/2014. The learned Single Judge, vide the impugned judgment, has allowed the writ petitions filed by the writ petitioners with a direction to the State respondents (appellants herein) to determine the compensation payable to the private respondents/writ petitioners on the basis of 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”) and to pay such compensation expeditiously by adjusting the amount already paid to the writ petitioners.

2. The brief facts necessary for adjudication of the writ appeals are that the Government of India and the Government of Assam, in collaboration with 6(six) private/ public companies, had decided to establish Indian Institute of Information Technology at Guwahati (hereinafter to be referred as “IIIT, Guwahati”). For the purpose of establishment of IIIT, Guwahati, proceedings for acquisition of land were initiated under the provisions of the Land Acquisition Act, 1894 (hereinafter to be referred as the “Act of 1894”) for acquiring 296 Bighas and 1 Katha of land situated in Sonatala, Bongora and Maliata Villages under Chayani Mouza in Kamrup District. In relation to the said proceedings, 4(four) land acquisition cases, namely, L.A. Case No.2/2012; L.A. Case No.1/2012; L.A. Case No.11/2012 and L.A. Case No.12/2012 were instituted. However, later on, vide notification dated 25.05.2012, L.A. Case No.11/2012 and L.A. Case No.12/2012 were included for acquisition of land.

The writ petitioners of the 2(two) writ petitions, whose lands were acquired, prayed for the following reliefs:-

“In the premises aforesaid, it is most respectfully prayed that Your Lordship may be pleased to admit this petition, call for the records, issue a Rule, calling upon the respondents to show cause as to why the relief/ reliefs as prayed for shall not be granted and upon hearing the parties be pleased to make the Rule absolute by granting to the Petitioner the following relief/reliefs:

I) To issue a writ in the nature of “Certiorari” quashing the Land Acquisition Case No.01/2012, 02/2012, 11/2012 and 12/2012; AND

II) To issue a writ in the nature of “Mandamus” directing the Respondent No.1 & 2 to initiate the entire Land Acquisition proceedings de-novo under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to acquire all such lands for the establishment of the Institute namely Indian Institute of Information Technology, Guwahati at the revenue villages Sontola, Bangara, Maliata, Sathikarpa under Chayani mouza, Plashbari Revenue Circle in the district of Kamrup, Assam, AND

III) Directing the Respondent No.1 & 2 to pay the appropriate amount of compensation to the Petitioners under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the acquisition of their land; AND

IV) Directing the Respondent No.1 & 2 to fix a reasonable time limit to complete the Land Acquisition proceedings and to pay the compensation after taking appropriate hearing from the Petitioners under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;

AND

In the interim, until disposal of this case, the Respondent No.1 & 3 may kindly be directed not to take any coercive measures to take possession of their lands which are proposed to be acquisitioned for the establishment of the Institute namely Indian Institute of Information Technology, Guwahati at the revenue villages Sontola, Bangara, Maliata, Sathikarpa under Chayani mouza, Palashbari Revenue Circle in the district of Kamrup, Assam until further order.”

3. The case of the private respondents/writ p