Invoking the jurisdiction under Article 226 of the Constitution of India, the Petitioners have filed this petition seeking following reliefs:-

“Under the above facts and circumstance, it is therefore, prayed that this Hon’ble Court may be pleased to admit this petition, call for records and issue rule calling upon the Respondents to show cause as to why a Writ of Certiorari and/or appropriate Writ/Order or Direction should not be issued directing Respondent No. 3 and 4 to complete the process of acquisition of the Petitioners land and/or pass any other order/s /directions as your Lordships deem fit and proper for the ends of Justice.

In the alternative direct the Respondents to compensate the Petitioners.”

2. On perusal, it is found some facts are not in-disputed in the case. The Notification for compulsory acquisition of the lands belonging to the Petitioners was issued under Section 4 of the Land Acquisition Act, 1894 (in short, Old Act) on 05.10.2013. On account of commencement of the Right to Fair Compensation to Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred as New Act) w.e.f. 01.01.2014, the old Notification of Section 4 of the old Act was came to be lapsed in view of Section 24 of the New Act.

3. It is also not in dispute that after commencement of the New Act a fresh Notification for compulsory acquisition of petitioners’ land was issued on 25.11.2016 under Section 11 of the New Act. The acquisition of the said land was for the purpose of “Creation of Logistic Infrastructure for Troops”. Later correspondence reflects that vide letter No. 7379/Rab/123/AC/QM dated 04.01.2017, a request was made by Lt. Col., OIC, ASW for CO, 17th Mtn. Div. Ord Unit, Pin-909417, C/o 99 APO to the Deputy Secretary/Acquisition, Land and Revenue Disaster Management Department, Government of Sikkim for de-acquisition of the land. As per Annexure R-7 dated 04.05.2019, the Deputy Secretary, Land and Revenue Department informed Lt. Colonel SA Kalam, OIC ASW for CO, 17th Mtn Div Ord Unit, C/0 99 APO, Pin-909417 that the procedure of de-acquisition is under process and the District Collector, South is in the process of assessment of the damage by way of compensation payable to the land owners as per Section 93 of the New Act and same shall be conveyed on finalization. Thereafter, vide letter dated 01.11.2017, the amount of compensation has been calculated to the tune of Rs. 1,89,09,777/-and informed to the respondents no. 1 and 2. It is not in dispute that the said amount has not been paid by them, in lieu of responding the letter of the Collector dated 24.05.2017 vide reply letter dated 27.06.2017.

4. It is also a fact that the Order of determination of the compensation as passed by the Government of Sikkim through the Land Revenue and Disaster Management Department dated 01.11.2017 has not been represented or assailed by the respondents no. 1 and 2 taking recourse of law, therefore, it has become final. In the said context, it is clear that the relief No. 1 as prayed in the Writ Petition seeking direction against respondents no. 3 and 4 to complete the process of acquisition has outlived its utility on account of the letter referred by respondents no. 1 and 2 dated 22.04.2017 for de-acquisition and due to further correspondence made on 24.05.2017 and 01.11.2017 of the State Authorities, therefore, the first relief as prayed for in the Writ Petition has now rendered infructuous.

5. So far as the second relief prayed in alternative to first relief directing respondents to compensate the petitioners in the opinion of the Court is surviving because after initiating the proceedings under Section 11 of the New Act, it was not completed and the process of de-acquisition has been initiated on the request of respondents no. 1 and 2. In regard to applicability of Section 93 of the New Act, the person whose land was required to be acquisitioned, a preliminary Notification taking recourse of Section 11 of th