STATE OF MIZORAM Vs. BIAKCHHAWNA

JUDGEMENT

(1.) Leave granted.

(2.) The notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short 'the Act') was published in the Gazette by the State of Mizoram on 13/8/1987 acquiring the land in District Aizawl for providing accommodation to the Assam Rifles. The respondent filed objections andultimately the objections were overruled. The Collector made his Award No. 4 of 1988 on 26/8/1988. The respondent was entitled to compensation of Rs. 5,34,748. 00. The respondent received the compensation under protest and on 29/9/1988, filed an application but ultimately the Collector did not make any reference to the Civil court under Section 18 of the Act.

(3.) The respondent filed the Civil Suit No. 2 of 1989 in the court of Deputy Commissioner, Aizawl which endorsed for disposal to the Additional District Magistrate. After the receipt of the notice the appellant objected to the jurisdiction of the Civil court in entertaining the suit. The Additional District Magistrate in his judgment overruled the objection and granted the decree declaring that "the respondent is entitled to a sum of Rs. 26,39,286. 00 as compensation for compulsory acquisition of his lands described in the suit and shall get the decree to that effect". The appellant had challenged the jurisdiction and validity of the judgment and decree in the High court. By the impugned judgment in First Appeal No. 1 of 1991 dated 15/6/1993, the High court of Guwahati dismissed the appeal.