LALENGHLUNI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Samuel Vanlalhriata Chhangte learned counsel for the petitioner and Mrs. H. Lalmalsawmi, learned Government Advocate.

(2.) The case of the petitioner is that she is the owner of Agricultural Land settlement certificate No.43 of 1978 and Agricultural Land settlement certificate No.G-42 0f 1980 situated at Chite Lui. She had inherited the Agricultural Land Settlement Certificates from her late husband Biakchunga. The respondent authorities had undertaken construction of a public road within the two lands of the Petitioner without her consent and knowledge and without any Notice. Being aggrieved the petitioner had approached the respondents on 16/7/2021 for verification of the damages caused to her land and for payment of adequate compensation as per law, however, after the issuance of the Joint verification notice dtd. 16/8/2021 neither survey report nor any further steps has been taken by the respondent authorities for redressal of the petitioner's grievances and hence the writ petition.

(3.) In response to the writ petition, the State respondents on have filed their counter affidavit stating that Sihpui to Thuampui road was constructed under NLCPR Scheme during 2011-2013. However, there is no provision of Land Acquisition under the funding Scheme, sanction order attached as Annexure I. As such all Land owners including the claimant along the alignment were negotiated with PWD Official without officials recording before the start of function cutting work. The formation cutting work was also successfully carried out and completed and no complaint was received from the land owner. Again the said road pavement work was done during 2018-2019 under NEDP fund and the works included cross drainage at some stretches and retaining wall. Sanction order attached as Annexure-II. There was no extra widening other than the previous formation cutting by encroaching the private Land holder during the pavement work for payment of compensation. A joint verification at site was then conducted and representative of the petitioner was present alongwith representatives from PWD as well as from DC office. However, on enquiry it has been learnt that the joint verification report submitted by Pu. R. Malsa-wma, Surveyor, DC Office and all related documents have been destroyed in the fire that consumed the DC office on 17/12/2021 and no further action can be traced.