STATE OF MIZORAM Vs. SH HRANGDAWLA

JUDGEMENT

(1.) This writ appeal has been filed by the appellants, respondents in WP(C) No. 110 of 2005, against the judgment and order dated 4-10-2007 passed by the learned single Judge in WP(C) No. 110/ 2005 directing the District Collector, Kolasib District to assess the amount of compensation for illegal occupation of the land and demolition of the building belonging to the respondent No. 1 herein/writ petitioner and after assessment of such compensation as per law, the same shall be paid to the writ petitioner.

(2.) We have heard Mr. N. Sailo, learned Addl. Advocate General appearing on behalf of the appellants/respondents in the writ petition and also heard Mr. A.R. Malhotra, learned Counsel appearing on behalf of the Respondent No. 1/writ petitioner.

(3.) The facts, in brief, are that the respondent No. 1 writ petitioner purchased a plot of and located at Hmar Veng, Kolasib from Sh. Kapzawna (1) in the year 1992. After purchasing the said land, he constructed a small house and started living therein with his family. Thereafter, he applied for revenue pass to the appropriate authority for the said plot of land. The Competent Authority issued a House Pass No. K-396/2001 in respect of the said plot of land purchased by the writ petitioner and thereafter, the Respondent No. 1/writ petitioner had constructed an Assam type house at the cost of Rs. 50,000/- and the said Assam type house was forcibly dismantled by the Village Council-1, Kolasib (Respondent No. 4) on 22-7-2004 for the purpose of constructing a road starting from North Kolasib to Sairang and the said land of the writ petitioner covered by House Pass No. K.396/2001 was also taken over by the Respondent No. 4 i.e. Village Council-1, Kolasib for constructing the road for the public purpose. It is also pointed out in the writ petition that for dismantling the Assam type house constructed on the said land covered by House Pass No. K.396/2001 by the writ petitioner and also for taking over the same for public purpose, neither the State Government nor the Village Council paid the compensation to the Respondent No. 1/writ petitioner. Hence, the writ petition being WP(C) No. 110/2005 was filed by the writ petitioner for a direction to the respondents to pay compensation for the dismantling of Assam type house constructed over the land covered by the House Pass No. K.396/2001 by the Respondents and also for taking over the said land of the respondent writ petitioner. It is also alleged that after getting the House Pass in respect of the said plot of land, the petitioner also obtained the land Settlement Certificate No. 501701/01/834 of 2005.