C. LALNILIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. T.Lalnunsiama learned counsel for the petitioners and also heard Mr. Zoramchhana learned Addl. Advocate General appearing for the state respondents.

(2.) This is a petition under Article 226 of the Constitution of India for declaring null and void the notifications issued by the Principal Secretary to the Government of Mizoram. Revenue Department,vide No. C.18016/39/2001-REV, dtd. 30/7/2013 which in exercise of the power conferred under sub-sec. (1) of sec. 14 of the Mizoram (Land Revenue) Act, 2013 restricts settlement within a plot of land covering 'Bawngkawn Brigade Area' by declaring the same as restricted area for special purposes and for public use, and the subsequent order No.K.15011/141/2018-REV/Vol-I/19 dtd. 2/8/2018, which modified the aforesaid Notification dtd. 30/7/2013, wherein the scope of restriction of the notification dtd. 30/7/2013 would cover only Phase-I area and lifted the restriction of Phase -II area. That the said notifications were in violation of Article 14 and Article 300A of the Constitution.

(3.) Having heard both the parties and from perusal of the documents available on record, a brief the background of the events leading to this writ petition is highlighted herein: Previously during the insurgency in the state, certain areas of land were occupied by the security forces and declared as protected area. The petitioners claim is that they are the land owners of such the landed property situated at Bawngkawn Brigade area which was previously occupied by Security Forces in the year 1966 till 9/9/2008. The Security Force/Defence Department, Union of Indian then de-hired the area and handed over the Bawn-gkawn Brigade Area to the Collector and Deputy Commissioner, Aizawl District. There after, in 2001, a PIL was filed before the Gauhati High Court by the then Village Council of Bawngkawn represented by its President, for the State authorities to enquire into the matter of alleged illegal/irregular allotments of land made in the mentioned Bawngkawn Brigade Area. The PIL was registered as W.P.(C) 52/2001 and the Court in its order dtd. 14/5/2003 closed the PIL by directing the State Authority in the Land Revenue and Settlement Department to bring the verification process initiated vide a Notification dtd. 6/3/2000 to its logical conclusion and to take all consequential measures as may be required in the law. Pursuant thereof, the Principal Secretary to the Government of Mizoram. Revenue Department, issued the impugned Notification vide No. C.18016/39/2001-REV, dtd. 30/7/2013 which declared the plot of land covering 'Bawngkawn Brigade Area' as assigned for special purposes and for public use such as, establishment of hospital, public utility and other public amenities. Thereafter, the Respondent No. 3 issued a notification vide Memo No.K.15011/141/2014-REV Dated Aizawl, 1/6/2015, that in compliance with the Judgment and Order dt.14/5/2003 in W.P.(C) No.52/2001, spot verification was done within the Bawngkawn Brigade area and based on the decision of the Council of Minister in its meeting on 1/12/2011, ordered that (1) the locations of 96 (ninety s 'ix) LSCs and House Passes and Residential Land Settlement Certificates within Phase-I area of Bawngkawn Brigade Area should be transferred to other locations as may be deemed suitable by the Government so as to enable the Government to utilize the area so declared as restricted area for public purposes. And, (2) that all Passes issued within the said Bawngkawn Brigade Area (Phase-I) by the Chaltlang 'S' Village Council without prior approval of the Executive Committee of the erstwhile Mizo District Council or the Government of Mizoram be declared invalid and all holders of the said category of passes were asked to vacate the land within 45 days from the date of issue of the notification. Aggrieved with the above notification, W.P.(C) No.98 of 2015, W.P.(C) No.105 of 2015, W.P.(C) No.129 of 2015, W.P.(C) No. 155 of 2015 and W.P.(C) No.185 of 2015 were filed by several petitioners wherein this Court by a common Judgment and Order dt.16/9/2016, set aside the order for transfer of lands owned by the petitioners to a different location and the Court was of the opinion that the decision of the State Government to transfer the land of the petitioners covered by the LSCs and House Passes to another area is alien to the concept of the Act 2013 and the Rules of 2013. Thereafter, the State Government issued the impugned Notification No.K.15011/141/2018- REV/Vol-I/19 dt.2/8/2018, by deciding with reasons mentioned therein, that continuing the prohibition within Phase-II area was no longer necessary while the continuation of prohibition within Phase-I was still necessary in the public interest. Aggrieved by this notification dtd. 2/8/2018 wherein the scope of the Notification dtd. 30/7/2013 is restricted only to the area within Phase-I of the Bawngkawn Brigade area, the instant writ petition was filed.