LALHLIMPUII, D/O HANGA, R/O BAWNGKAWN, AIZAWL AND ORS. Vs. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI AND ORS.

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India has been filed by the petitioners praying for grant of rental compensation for the period from April, 1966 to August, 1986 along with the interest thereon from the respondents. The petitioners have claimed themselves as owners of landed properties within the area occupied by the Army at Bawngkawn within Brigade Area. According to the petitioners, the land belonging to the petitioners were illegally or forcibly occupied by the Security forces with effect from April, 1966, during the period of disturbance in Mizoram without their permission. Subsequently, Govt. of India and the Mizo National Front signed a peace accord and as per memorandum of settlement in the year 1986, it was decided that the owners of private lands and buildings occupied by the Security forces would be given rental compensation for the period of occupation. Thereafter, after spot verification, although, the other land owners of Bawngkawn Brigade Area have been paid rental compensation for the period from April, 1966 to August, 1986, but the petitioners whose lands are also occupied by the Army & Paramilitary Forces have not yet been paid the rental compensation for the period of April, 1966 to August, 1986, till date. The petitioners have claimed that they are entitled to further assessment of their said lands for payment of compensation for the period from September, 1986 to till date or till vacant possession is restored to the petitioners. They have also prayed that a joint spot verification may be directed to be conducted in presence of all the concerned parties by the Task Force constituted by the State respondents vide notification No. J. 12012/3/2003 -REV dated 20 -06 -2006.

(2.) THE State respondents, in their affidavit -in -opposition, has submitted that rental compensation for the period beyond 1986 were made on the basis of verification conducted by the Board of Offices consisting of the representatives of the State Government, the Army as well as the Ministry of Defence during 1992 -93 and the said Board prepared the blue print indicating Army occupied lands in various parts of Mizoram. The petitioners, whose names not being included/mentioned in the blue prints prepared by the Board of Officers, which demarcated the Army occupied land throughout Mizoram, was the only document, jointly accepted by the Government of Mizoram, Ministry of Home Affairs as well as the Defence Ministry for assessing and paying of rental charges for Army occupied lands.

(3.) IT is submitted by the learned counsel that in other similar cases i.e. WP(C) 14 of 2010, WP(C) 15 of 2010, WP(C) 30 of 2010, WP(C) 67 of 2010, WP(C) 77 of 2010, WP(C) 91 of 2010, this Court, while disposing all the writ petitions by a common judgment and order dated 9th June, 2011, directed that since a consensus has been arrived at in between the parties to the proceedings for constitution of a Joint Verification Committee for the verification of the lands of the petitioners (in all the above writ petitions) and consequent assessment and computation of the rental compensation, a direction is issued to the answering respondents to constitute a Joint Verification Committee with the following members.