STATE OF MIZORAM Vs. C LALBIAKTHANGA

JUDGEMENT

(1.) THE respondent is the owner and possessor of a plot of land measuring 15 bighas under Periodic Patta No. 346/76 located at Pukpui in the district of Lunglei, Mizoram. THE said land was developed by the respondent and his family members where they cultivated various crops and vegetables yielding good returns. According to the respondent, this was the main source of income and sustenance.

(2.) FOR the construction of the Aizawl-Thenzawl-Lunglei road under the World Bank Aided Project, it became necessary to acquire the aforesaid land of the respondent. Accordingly, land acquisition process was initiated on 14.03.2001 by issuance of notice under Section 4(1) of the Land Acquisition Act, 1894. Ultimately, an award No. 1 W. B of 2003 was passed on 20.09.2003. Land acquired was 48958.00 sq. ft. and the compensation awarded was Rs. 1,00,048.00.

(3.) IN terms of the said policy, the assistance payable to the respondent for the acquisition was initially calculated at Rs. 19,012/-. An objection being raised by the respondent, the said land of the respondent was reassessed and the replacement value was calculated at Rs. 1,00,048/-, following which the award was passed as stated above. The awarded amount was received by the respondent in 2(two) installments on 29.11.2003 and 29.4.2004.