STATE OF MIZORAM Vs. P. B. LALZUITHANGA

JUDGEMENT

(1.) This intra-Court appeal is directed against the Judgment and Order dated 07.02.2020 passed by the learned Single Judge in the writ petition, W.P.(C) no. 61/2015 wherein the sole respondent was the petitioner. By the said Judgment and Order dated 07.02.2020, the learned Single Judge has directed the respondents therein i.e. the appellants herein to pay the rental charges of the land under the Land Settlement Certificate (LSC) no. 128/1979 to the respondent herein/the petitioner therein at the same rate paid by the Union of India beginning from the date the land was released by the Security Forces to the appellants. It has been further directed that the rental charges shall be computed by the District Collector i.e. the respondent no. 2 therein/the appellant no. 2 herein and thereafter, to pay the due amount to the petitioner therein/the sole respondent herein, within a period of 4 (four) months from the date of receipt of a certified copy of the order. It has further been directed to the appellants to release the land of the sole respondent immediately, if it is no longer required. Aggrieved thereby, the appellants have preferred this appeal.

(2.) Heard Mrs. Linda L. Fambawl, learned Government Advocate for the State and Mr. Vanlalnghaka, learned counsel for the sole respondent.

(3.) In order to understand the issue involved, a brief narration of the background facts appears necessary. The respondent had claimed to be the owner of landed properties at Zemabawk, Aizawl on the basis of two Land Settlement Certificates (LSC) - LSC no. 128/1979 and LSC no. 615/1979. It was the contention of the respondent that the lands covered by the aforesaid two LSCs were under the occupation of the Union of India through the Security Forces since the year 1966 due to the insurgency problems in the State of Mizoram. The problems of the insurgency were settled through a Memorandum of Understanding entered between the Government of India and the Mizo National Front (MNF) on 30.06.1986. The respondent was aggrieved when the lands under the possession of the Union of India were neither released nor due compensation was paid, save and except some amounts paid intermittently.