ZOSIAMI Vs. DISTRICT COLLECTOR CUM DEPUTY COMMISSIONER

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the appellants, Mr. C. Zoramchhana, learned Addl. Advocate General for the respondent Nos. 1 and 3 and Ms. Zairemsangpuii, learned CGC for the respondent Nos. 2 and 4.

(2.) This appeal is directed against the Judgment and Order dtd. 15/5/2017 passed by the learned Single Judge in WP(C) No. 153/2016 whereby, the claim of the appellants for payment of interest and solatium as per Sec. 23 (1-A) and (2) of the Land Acquisition Act, 1894 (L.A Act) was allowed while the claim for payment of interest under Sec. 28 of the L.A Act was rejected.

(3.) Brief facts essential for disposal of the writ appeal is that the appellants are owners of land located at Sairang and Sihhmui. Their lands were acquired for the purpose of construction of new railway line vide Award No. 5/2012 @ Rs.60.00 and Rs.40.00 per sq. feet. Being aggrieved, they filed an application under Sec. 18 of the L.A1 Act seeking reference of the Award. The application was registered as L.A Case No. 31/2013 and was taken up by the learned Civil Court (L.A Judge) on being referred to by the Collector. Consequently, the L.A Judge vide judgment and order dtd. 27/8/2014 disposed of Reference Application by enhancing the market value of the land at Rs.200.00 per sq. feet. Further, interest @ 9% per annum on the excess amount of the Award was also awarded as per Sec. 28 of the L.A Act.