LAICHHINGI Vs. NORTH EAST FRONTIER RAILWAY

JUDGEMENT

(1.) Heard Mr. Lalchhanliana Khiangte, learned counsel appearing for the petitioner and also heard Mr. Ali Hussain, learned senior counsel assisted by Mr. Naveen Prakash, Deputy Chief Engineer, North East Frontier Railway (respondent No. 5), and Mrs. H. Lalmal-sawmi, learned Government Advocate, appearing for respondent No. 6.

(2.) The facts leading to the filing of this Writ Petition briefly stated are as follows: For the construction of the Railway line between Bairabi to Sairang by the North East Frontier Railway, the land of the petitioners under Periodic Pattas situated within the Kawnpui Village Council area were affected. However, by an Award No. 1 of 2012 (Part-B Kawnpui) issued by the District Collector, Kolasib, they were awarded compensation only for the value of their crops. Being aggrieved by the non-payment of compensation for their lands, the petitioners submitted a Reference Application under sec. 18 of the Land Acquisition Act, 1894 to the District Collector, Kolasib, claiming compensation for the market value of their lands. The same was referred to the competent Civil Court, i.e., the Additional District Judge - II, Aizawl, and the case was registered as L.A. Case No. 30 of 2013. The competent Civil Court, vide its Order dtd. 5/12/2013, disposed the Reference Case by awarding only solatium and interest for the crops. Being aggrieved, the petitioners filed the Review Petition No. 25 of 2014 but the same was dismissed vide the Order dtd. 6/5/2016.

(3.) Thereafter, the petitioners came before this Court by filing C.R.P No. 4 of 2017. However, the same was dismissed on the ground that there is an alternative remedy by way of an appeal. Accordingly, the petitioners filed the R.F.A. No. 10 of 2017 before this Court. The same was disposed off vide Order dtd. 10/10/2017, wherein and whereby, the Judgment and Award dtd. 5/12/2013 passed by the competent Civil Court in L.A. Case No. 30 of 2013 was quashed and set aside and the case was remanded back for fresh hearing and consideration. The case was disposed off by a Judgment and Award dtd. 3/8/2018 wherein it was directed that compensation for their lands be awarded to the petitioners at the market value of Rs.38.00 per sq.ft. (Rupees Thirty Eight Per Square Feet), along with statutory benefits.