M S DAWNGLIANA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) HEARD Mr. A.R. Malhotra, learned Counsel for the Appellant. None appears for and on behalf of the Respondent.

(2.) THIS instant appeal is preferred against the judgment and order dated 24.1.2011 passed by the Additional District and Sessions Judge, Aizawl in L.A. Case No. 1 of 2009 under Section 54 of Land Acquisition Act, 1894 whereby and whereunder the reference petition made under Section 18 of Land Acquisition Act, 1894 has been dismissed.

(3.) APPELLANT herein is the holder of LSC No. W.20 of 1989 and LSC No. W.21 of 1989 and a portion of the land under the aforesaid LSCs measuring 1500 sq.mtrs having been acquired by the Respondent for construction of an approach road leading to the Industrial Growth Centre situated at Luangmual, compensation for such acquired land having not been paid despite his representations made to the Respondent, after issue of notice under Section 80 of Code of Civil Procedure filed Civil Suit No. 6 of 2001 claiming payment of Rs. 8,27,500/ - as compensation for occupation of said land and destruction of trees standing thereon. The aforesaid suit was contested by the Defendants therein by filing written statement. It appears that Defendants agreed to make payment of Rs. 48,420/ - as compensation for damage of land but Appellant refused to accept the amount.