R. LALTHANZAUVA Vs. THE UNION OF INDIA

JUDGEMENT

(1.) 139 petitioners have joined together and filed this writ petition raising common grievance and seeking identical reliefs. The petitioners claim that they are the land owners of various plots of land in the Lunglawn area of Lunglei District in the State of Mizoram. From 1966 onwards their lands are in occupation of the security forces, more particularly the Assam Rifles, which is under the Ministry of Home Affairs, Government of India. The petitioners contend that various Battalions of the Assam Rifles have been in occupation of their lands and presently the 40th Bn. of the Assam Rifles is in occupation.

(2.) DESPITE such occupation of their lands, only a part of the rental compensation were paid to some of the petitioners. Aggrieved by the same, some of the petitioners had earlier approached this Court by filing writ petitions seeking payment of rental compensation. In one such writ petition W.P. (C) No. 41/2010, this Court had directed that the respondents should make sport verification to ascertain whether the lands are still under the occupation of the Assam Rifles. For this purpose, this court directed the constitution of a verification team. The further direction of this court was that after such verification, the team should submit a report to the Ministry of Home Affairs, Government of India, who shall thereafter proceed on the basis of the report. Liberty was given to the petitioners to approach this court if they are aggrieved by the verification report or if the rental compensation is not paid to them. After that, the other writ petitions have also been disposed of on similar lines. By this writ petition, the petitioners seek a direction to the respondents to either acquire their lands by following the due process of law if their lands are required on a permanent basis for public purpose or to return back to them their lands.

(3.) THE concerned respondents, i.e. respondents 1, 3 and 7, in their affidavit filed on 23.04.2012 have stated in paragraph 7 that pursuant to the order of this court in W.P. (C) No. 41/2010, the rental claim in favour of the genuine land owners have been submitted by the joint verification committee to the Assam Rifles and that the payment of genuine rental claims as verified by the joint verification committee is in progress with the competent authorities for sanction for onward payment to the genuine land owners through the Government of Mizoram. In paragraph 10 of the said affidavit, the said respondents have admitted that at present an area measuring 57.73 acres at Lunglawn, Lunglei District is in occupation under the Assam Rifles. In paragraph 12, the said respondents have stated that since the land mentioned above is required to establish an Assam Rifles Battalion, the process to acquire the land in question at Lunglawn has already been initiated by placing the requirement before the Deputy Commissioner, Lunglei District.