STATE OF MIZORAM Vs. KAPNGHINGI

JUDGEMENT

(1.) Mr. C. Zoramchhana, learned Additional Advocate General appears for the appellants. Mrs. Dinari T. Azyu appears for the respondent Nos. 1 to 3 and Ms. Zairemsangpuii appears for respondent Nos. 4 to 7.

(2.) This Regular First Appeal has been filed by the State of Mizoram against the Judgment & Decree dated 25.07.2013, passed by the Court of the Senior Civil Judge, Lunglei in Civil Suit No. 33/2010 and the Order dated 15.07.2014, passed in Execution Petition No. 6/2014. The impugned Judgment & Decree dated 25.07.2013 passed in Civil Suit No. 33/2010, has decreed that the plaintiffs/respondent Nos. 1 to 3 are the rightful owner of the suit lands and that the Deputy Commissioner, Lunglei District and Commissioner/Secretary to the Government of Mizoram, General Administration Department, Mizoram are liable to pay compensation to the respondent Nos. 1 to 3 for their illegal occupation of the suit lands, for the period from 1986.

(3.) The brief facts of the case is that Civil Suit No. 33/2010 had been filed by the respondent Nos. 1 to 3/plaintiffs for payment of rent @ Rs. 5 per sq. ft. per month for the period from 1966 to 1986 onwards for occupation of their land by the Assam Rifles from 1966 to 1986 and by the State Government from 1986 onwards. The other prayer made by the respondent Nos. 1 to 3 in their suit was for payment of compensation for damage crops and buildings. They further prayed for a decree to be issued to the appellants to vacate the suit land. The facts, as set out by the respondent Nos. 1 to 3 in their plaint was that the plaintiffs and their parents were given a plot of land at Thingsai by the Chief of Thingsai. Accordingly, they had settled there after the death of their parents till the year, 1966. The area of the land of the respondent No. 1 was 30 bighas, respondent no. 2 was 10 bighas and respondent No. 3 was 15 bighas. When disturbance arose in Mizoram in the year 1966, one Company of the 19th Assam Rifles came to Thingsai Village and forcibly occupied the land of the respondent Nos. 1 to 3. The said land was used as a dropping area whereby supplies used to be dropped from the area for the Assam Rifles. The Assam Rifles left the village in the year, 1986. The Government of Mizoram constructed some buildings on the suit land in the year 1974, which included the Administrative Officer's Office, quarters and also a supply go-down, as the said land is still being occupied by the State Government without payment of rent. The State Government was also liable to pay rent to the respondent Nos. 1 to 3 w.e.f., 1986.