- (1.) HEARD Mr. L.H. Lianhrima, learned counsel appearing for the petitioner as well as Mr. Aldrin Lallawmzuala, learned Addl. Advocate General, Mizoram for the respondents.
(2.) THE petitioner had filed a reference application under Section 18 of the Land Acquisition Act, 1894 against Award No.1 WB of 2003 which was registered as L.A. No. 1/2007. The Reference Court i.e. Addl. District and Session Judge, Lunglei after hearing parties passed judgment and decree dated 17.9.2010 directing the Special Land Acquisition Officer to re -measure the land of the petitioner without applying triangular method and thereafter make assessment at the rate of Rs. 40/ -per square feet with interest at the rate of 12% per annum for 1 (one) year from the date of possession and 15% interest for the remaining years till payment and 13% solatium to make payment within 60 days. Being aggrieved by the judgment and decree dated 17.9.2010, the State respondents filed an appeal being RFA No. 22/2010 before this Court. The said appeal was disposed of by judgment and order dated 18.11.2011 whereby the judgment and decree dated 17.9.2010 passed by the Reference Court was upheld with a modification that the Reference Court should have reassessed the acquired land of the respondents (petitioner herein) by taking necessary evidence and such exercise shall be completed within a period of 3 (three) months from the date of judgment and order and thereafter pass necessary award.
(3.) NOT being satisfied, the State respondents again filed an appeal before the Hon'ble Supreme Court being Civil Appeal No. 2731/2012. The Hon'ble Supreme Court by order dated 19.2.2013 upheld the judgment and order of this Court dated 18.11.2011 but by modifying the rate of compensation determined by the Reference Court as well as by this Court from Rs. 40 / - to Rs. 38/ -. The appellants (State respondent) were also directed to pay the balance amount of compensation and statutory benefit to the respondent (petitioner) within a period of 3 (three) months from the date of the order. Thereafter, the learned District and Session Judge, Lunglei Judicial District passed Execution order dated 7.5.2013 in L.A. Case No. 1/2007 and awarded an amount of Rs. 34,08,613/ - to be paid to the petitioner by the respondents.;