Compensation for land acquisition must be determined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, where prior proceedings under Land Acquisition Act, 1894 had not culminated in an Award.

JUDGMENT

Meenakshi Madan Rai, J. - The prayers that are being pressed inter alia in the instant Writ Petition are as follows;

(i) a Writ or Order or direction or declaration directing the Respondent No.3 (National Hydro-electric Power Corporation Limited) to make payment of compensation amounting to Rs.10,82,01,083/- (Rupees ten crores, eighty two lakhs, one thousand and eighty three) only; and

(ii) a Writ or Order or direction or declaration directing the Respondent No.3 to make payment of interest @ 12% per annum on the total compensation amount until final payment of the entire sum of money.

(ii) The Petitioner herein is aggrieved by non-payment of compensation for acquisition of his property at Singbel Block, Makha, East Sikkim, the Award of which was calculated at Rs.8,18,39,019/- (Rupees eight crores, eighteen lakhs, thirty nine thousand and nineteen) only, and upon inclusion of 4% establishment charge and 40 times capitalized value of land rent, computed to a total of Rs.11,56,49,615/- (Rupees eleven crores, fifty six lakhs, forty nine thousand, six hundred and fifteen) only.

(iii) The Petitioner's case in a nutshell, is that, he is the owner of landed property bearing Plot Nos.647, 649 and 651, measuring an area of 2.0590 hectares, situated at Singbel Block, East Sikkim, allegedly his only landed property. Four houses are located on the same land. In 2011, acquisition proceedings commenced for the said landed property along with the existing four houses and Notification under Section 4(1) of the LAND ACQUISITION ACT , 1894 (hereinafter, 'L. A. Act, 1894'), was published in the Government Gazette, being Notification No.84/902/ LR&DMD(S), dated 19-10-2011. A declaration under Section 6 of the L. A. Act, 1894, followed which was published in the Government Gazette on 05-03-2013 and Government approval under Section 7 of the L. A. Act, 1894, obtained on 28-05-2013. Notice under Section 9 of the L. A. Act, 1894, was issued seeking objections, if any, from interested persons. That, no Award under Section 11 of the L. A. Act, 1894, was passed due to the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter, 'LARR Act, 2013') which came to be enforced from 01-01-2014, hence, the proceedings under the L.A. Act, 1894, lapsed. In the meanwhile, on 25-06-2014, the Respondents assessed compensation for acquisition of the said property at Rs.73,42,232/- (Rupees seventy three lakhs, forty two thousand, two hundred and thirty two) only, and paid 80% thereof to the Petitioner amounting to Rs.58,73,786/- (Rupees fifty eight lakhs, seventy three thousand, seven hundred and eighty six) only, while retaining the remaining 20% compensation with them. On learning of the enforcement of the LARR Act, 2013, in Sikkim in 2014, the Petitioner applied to the State-Respondents for higher compensation for his land and for rehabilitation, but to no avail. He thus made a representation dated 06-01-2016 to the Hon'ble Prime Minister of India requesting for higher compensation and consequential benefits. The said Office forwarded the letter to the Respondent No.1 for appropriate action. The Respondent No.2 then passed the Award under Section 23 of the LARR Act, 2013, for acquisition of the Petitioner's land as detailed above. That, the Petitioner has received a sum of Rs.58,73,786/- (Rupees fifty eight lakhs, seventy three thousand, seven hundred and eighty six) only, but he is yet to receive the remaining amount of Rs.10,82,01,083/- (Rupees ten crores, eighty two lakhs, one thousand and eighty three) only, with interest @ 12% per annum. Hence, the prayers in the Petition.

2. In the Counter-Affidavit of the Res