N. VANLALNGHAKA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalchhanliana Khiangte, learned counsel for the petitioners as well as Mrs. H. Lalmalsawmi for the respondent Nos. 1 to 3. Mr. Ali Hussain appears for the profoma respondent Nos. 4 and 5.

(2.) This writ petition under Article 226, is for a direction to be issued to the respondent Nos. 1 to 3 to return the 15% cess deducted from the compensation amount awarded to the petitioners in terms of Award No. 3/2019, by which the lands of the petitioners had been acquired under the Railways Act, 1989.

(3.) The petitioners' counsel submits that the petitioners' lands were acquired in terms of the Award No. 3/2019 passed by the District Collector, Aizawl. The land was acquired for construction of the Bairabi to Sairang New BG Railway Lines Project. At the time the compensation amount was disbursed to the petitioners between April to June, 2020, the respondent Nos. 1 to 3 illegally deducted 15% of the petitioners compensation amount by way of cess, in terms of Rule 47(4) of the Mizoram (Land Revenue) Rules, 2013, hereinafter referred to as the "2013 Rules".