STATE OF MIZORAM Vs. LALMUANKIMA

JUDGEMENT

(1.) The instant first appeal directed under order 41 read with section 96 of the Code of Civil Procedure as well as section 17 of the Mizoram Civil Court Act, 2005 against the Judgment and Order dated 1.3.2011 passed by the Learned Senior Civil Judge, Aizawl District, Aizawl in Damage Suit No. 2 of 2007.

(2.) The brief fact of the case in nutshell is that, the respondent was having a garden under Periodic Patta No. 30/F of 1982, where he planted fruits trees, fish ponds as well as rice cultivation. Appellants constructed an approach road to their water source which was meant for the entire village. Due to said construction of road respondent claimed that he had suffered great loss as his fish pond, rice cultivation, trees were completely damaged. Thereafter, respondent filed the writ petition before the Aizawl Bench of the Gauhati High Court claiming compensation at the tune of Rs. 6 lakhs for the said damage caused to him.

(3.) The writ petition was finally disposed of by the hon'ble High Court vide order dated 17.3.2005 directing the respondent to approach the Civil Court for redressal of his grievances. Accordingly, respondent filed a Damage Suit before the Additional Deputy Commissioner, Aizawl District, Aizawl and the same was registered as Damage Suit No. 2 of 2007. Then the case was contested between the appellants and the respondent and finally the learned trial court below was please to award compensation at the tune of Rs. 6 lakhs along with 30% solatium and 12% interest. On being aggrieved by the said judgment and order dated 1st March, 2011, the appellants have preferred this first appeal before this court.