SH THANZUALA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ application has been filed seeking a writ of mandamus directing the respondent Army authority to pay adequate compensation with interest to the petitioner for illegal occupation of the land allegedly belonging to the petitioner by the respondent Army authority since the year 1970 and for further direction for acquisition of the land of the petitioner by following the provisions of the Land Acquisition Act, 1894. Alternatively, directions for release of the land, if the respondent authority do not permanently require the name and for adequate compensation for the use of the said and has been prayed for by means of the present writ application.

(2.) The facts on which the aforesaid claims have been made in the present writ application may be capsuled as hereunder. The petitioner claims that an area of and measuring about 11 bighas equivalent to 14,721.18 sq.mtr. was originally granted to the petitioner on the basis of a Garden, Pass in the year 1960 bearing No. 2fiO of 1960 by the then Member, incharge House Site Passes, Mizo District Council. The petitioner claims that the aforesaid land Pass was subsequently converted into a Land Settlement Certificate in the year 1987 by the competent authority of the State and a Land Settlement certificate bearing No. G-2/87 was issued in favour of the petitioner by the Assistant Settlement Officer, Land Revenue Department, Aizawl, under Section 4(2) of the Mizo District (Agricultural Land) Act, 1963. The case of the petitioner is that:, the respondent Army authority had set up a Counter Insurgency and Jutngle Warfareschool at Vairengte and in connection with the same, the land of the petitioner was occupied by the Armed Forces in the year 1970. The petitioner has averred that after the initial occupation of his land by the authority, he was allowed to use the same for agriculture from 8.00 a.m. in the morning to 4.00 p.m. in the evening. However, after a few years, the petitioner was not allowed to enter into the land in question belonging to him. The petitioner also claims to have submitted a representation dated 2.11.93 before the respondent authorities i.e. respondent No. 2 who in his reply dated 20.12.93 had taken the stand that the land in occupation of the Jungle Warfare School was obtained by Army authorities on lease from the Forest Department, Government of Mizoram. In the aforesaid reply dated 20.12.93 it was further mentioned by respondent No. 2 that, as the land in possession of the Army authorities was leased out by the Forest Department on payment of rent, the Land Settlement Certificate issued in favour of the writ petitioner in the year 1987 appeared to be of doubtful authenticity. The respondent authorities, having made its stand known by the aforesaid letter dated 20.12.93, and having no option, the writ petitioner had instituted the present writ proceedings before this Court sometime in the year 1994. An amended petition containing the above mentioned averments has been filed before this Court on 26.7.2001. In the amended petition, respondent Nos. 5, 6 & 7 have been impleaded as party respondents pursuant to the leave granted by this Court by order dated 23.7.2001.

(3.) Affidavits have been filed by the respondent Army authority both in response to the original writ application as well as the amended writ petition. The case of the respondents authorities as put forward in both the affidavits is naturally the same. Apart from questioning the validity of the initial Garden Pass and the subsequent land settlement certificate issued in favour of the writ petitioner, the stand of the authority as evident from the affidavit filed, is that, initially a plot of land measuring about 80 acres was taken oil lease from the Forest Department on payment of rent. The said land was developed in course of time for the purpose of the lease i.e. he set up the Jungle Warfare School and therefore, the rights claimed by the writ petitioner on the basis of the House/Garden Pass and the L.S.C. must necessarily be without any substance as the land claimed by the petitioner had been leased out to the Army authorities by the Forest Department of the State. It has been additionally stated in the affidavit filed that the areas in the vicinity of the existing Jungle Warfare School at Vairengte have been sought to be additionally acquired for the purposes of the Jungle Warfare Schocol but no acquisition proceeding has been initiated as yet in respect of such additional land. If the land of the petitioner is included within such areas, the claims made in the instant writ petition are sought to be contended to be premature.