H. CHHAWNTHANGA S/O KHENGKULHA, R/O SAIZAWH E MIZORAM AND ORS. Vs. THE STATE OF MIZORAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF MIZORAM, PUBLIC WORKS DEPARTMENT, AIZAWL,

JUDGEMENT

(1.) HEARD Mr. M. Zothankhuma, the learned senior counsel, assisted by Mr. Lalfakawma, the learned counsel for the petitioners. I have also heard Mr. AK Rokhum, the learned Addl. Advocate General. It is stated by the learned senior counsel that this is covered on all fours by WP (C) No. 68 of 2011 and WP (C) 19 of 2012 where this Court had already directed the State respondents to pay solatium at the rate of 30% as well as interest at the rate of 12% per annum as indicated in the award to the petitioners therein. The learned Addl. Advocate General makes a desperate attempt to differentiate this case from the earlier two cases by contending that in respect of the petitioners No. 8, 12 and 13, the compensation awarded is respect to the building and not the land over which the building standing thereon. In my opinion, his contention is to be summarily rejected. The learned Addl. Advocate General apparently overlooks the definition of the land given in Section 3(a) of the Land Acquisition Act, 1894, which defines the term "land" means inclusive of benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. In the case of building as well as standing plot, these two items come within the sweep of the definition of land as provided for under Section 3(a) of the Land Acquisition Act, 1894. In the instant case, admittedly the Collector undoubtedly acting as an agent of the State respondents has awarded the compensation to all the petitioners as found in Serial Nos. 40, 53, 51, 44, 60, 54, 58, 73, 22, 75, 27, 64 and 65 of Annexure II of the Award No. 1 of 2010 which is at Annexure 3 to the writ petition. The award made by the Collector, Land Acquisition is binding upon the State respondents, who cannot go behind the same. Section 23(1 -A) provides that in addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market value for the period commencing on and from the date of the publication of the notification under Section 4, subsection (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. Section 23(2) of the Act says that in addition to the market value of the land as above provided, the Court shall in every case award a sum of (thirty per centum) on such market value, in consideration of compulsory nature of the acquisition. Even on a cursory look of the aforesaid two provisions, there shall be no room for doubt that the payment of Interest admitted under Section 23(1 -A) and solatium under Section 23(2) is mandatory, and the Collector is making the award has the statutory right to include both interest and solatium as provided therein. The grievance of the petitioners in the writ petition is that inspite of the mandatory provision laid down in the Act, the Collector has refused to make payment of Interest as well as solatium. In my opinion, the Collector in refusing to make payment of Interest and solatium has acted in contravention of Section 23(1 -A) and 23(2) of the Act, which calls for intervention of this Court. Where a statutory right is not exercised despite a duty cast upon him by the State, a writ of mandamus lies for enforcement of the statutory right provided for in the Act. In the view that I have taken, this writ petition has merit and is accordingly, allowed. In the result, the State respondents are directed to pay interest @ 12% per annum on the market value of the land from the date of publication of the notification under Section 4(2) of the Act to the date of the award of the Collector or date of the taking possession of the land whichever is earlier and shall also pay solatium @30% on the market value of the land within a period of two months from the date of receipt of this order. No cost.