THE STATE OF MIZORAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF MIZORAM, AIZAWL AND ORS. Vs. F. LALTHANGLIANA, S/O F.SAITHANHAWLA(L), OWNER OF LSC NO. 96/89 AND ORS.

JUDGEMENT

(1.) HEARD Mr. Aldrin Lallawmzuala, the learned Addl. Advocate General representing the appellants (defendants). The respondents (plaintiffs) are represented by Mr. C. Lalramzauva, the learned Senior Counsel assisted by Mr. A.R. Malhotra.

(2.) THE appellants challenge the decree dated 13.8.2010 in Civil Suit No. 1/2001 rendered by the learned Senior Civil Judge, Lunglei, whereby, the suit was decreed and the plaintiffs were declared to be the rightful owners of the suit land covered by their respective LSCs, referred to in paragraph 2 of the plaint. A further declaration on the encroachment by the 2nd Bn. Mizoram Armed Police (MAP) [defendants 7, 6 & 5] from January 1989, till date of the plaintiffs' lands, was also recorded and the defendants were accordingly directed to pay rental compensation to the plaintiffs. Future occupation of the suit land was allowed by the defendants subject to payment of monthly rental or permanent acquisition of land, under the Land Acquisition Act, 1894. An alternate direction was issued to the defendants, to vacate the lands after paying the due rental for the period of occupation.

(3.) 1 In the written statement (W.S) submitted by the Revenue Authorities, it was contended that the 29 LSCs were based on fake Garden Temporary Permit No. 5/1984 and fake Garden Patta No. 21/1974 and the LSCs were illegitimately issued by a non competent official, without the knowledge and approval of the competent revenue authority, in contravention of the Rules in force.