(1.) The present writ petition has been filed by the Mizo Chief Council, through its President, on behalf of the tribal chieftains of the erstwhile Lushai Hills district (present-day State of Mizoram) and their legal heirs. The primary grievance of the petitioner is that the respondents seized/acquired the lands of these chieftains without paying due compensation. The petitioner contends that this deprivation violated the fundamental rights of the Mizo Chiefs, specifically the right to property, which was guaranteed at the time of the acquisition.
(2.) To understand the dispute before us, it is indispensable to gauge how the society was structured and organised in the Lushai Hills district, both before and after the area was annexed and brought under the control of the British administration. It is pertinent to note that the limited objective here is to outline the broad administrative structure and the players involved, so as to provide the necessary context for evaluating the legal questions raised in the present petition.
(3.) Historically, Mizo society was centred around the institution of the chiefs. The petitioner asserts that these chiefs were the absolute owners of the lands upon which their respective villages were situated. This territory, referred to as the chieftain 's "Ram ", was administered by the chief, who exercised executive and judicial authority over it. It is further claimed that the chief allotted farmland from this Ram to the villagers and, in return, was entitled to receive "Fathang ", a customary tribute comprising a portion of the annual agricultural produce, primarily paddy.
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