LALTHANSANGI SAILO Vs. NORTHEAST FRONTIER RAILWAY

JUDGEMENT

(1.) Heard Mr. Lalchhanliana Khiangte, learned counsel for the petitioners. Also heard Ms. Zairemsangpuii, learned CGC, appearing on behalf of respondents No. 1 to 5, and Mr. C. Zoramchhana, learned Addl. Advocate General, State of Mizoram, appearing on behalf of respondents No. 6 to 8.

(2.) The petitioners have filed this writ petition, seeking payment of interest under Ss. 28 and 34 of the Land Acquisition Act, 1894, for the plots of lands that have been acquired by the respondent authorities under the following facts and circumstances.

(3.) The facts which are not in dispute and relevant for the purpose of adjudication of the case, briefly stated, are as under: Pursuant to a notification, dt. 29/8/2011 (not annexed in the writ petition) for acquisition of land for construction of a new railway line(Bairabi to Sairang); an award, dtd. 5/7/2012, vide Award No. 5 of 2012, was passed by the District Collector/District Commissioner, Aizawl District, Aizawl, under which award, the compensation amount of Rs.1,54,200.00 and Rs.1,52,900.00, was determined in respect of petitioners No. 1 & 2, respectively. The aforesaid determination of the compensation amount in respect of petitioners No. 1 & 2 is stated to be the compensation amount for the crops standing on the petitioners' land. Though in the Award, dtd. 5/7/2012; the plots of land measuring 69,940.00 sq. ft. and 67,788.00 sq. ft., belonging to the petitioners No. 1 & 2, respectively, were indicated to have been acquired but no compensation amount was assessed and determined by the respondent authorities in respect of the aforesaid land and the respondent authorities without, either, determining the compensation amount of the petitioners' land and payment thereof, took possession over the land of the petitioners No. 1 & 2, along with others, vide order, M.No.F.14011/189/2008DC(A)/250, passed on 30/8/2013, by the District Commissioner, Aizawl District, Aizawl. The petitioners, however, were paid the compensation amount determined for the crops standing on their lands as indicated in paragraph No. 3 of the writ petition. Since no compensation was either assessed or paid in respect of the land acquired from the petitioners No. 1 & 2; they, therefore, had submitted an application under Sec. 28(A) of the Land Acquisition Act, 1894, to the District Collector, Aizawl District, Aizawl, on 19/7/2019, praying for re-determination of the compensation payable to them. The aforesaid application was disposed of by the Deputy Commissioner, Aizawl District, Aizawl, vide order, dtd. 23/2/2021, issued under Memo. No.F.14011/189/2019-DC(A)/267-27, whereby, while rejecting the prayer of the petitioners No. 1 & 2 for payment of interest under Sec. 34 of the Land Acquisition Act, 1894; the Deputy Commissioner, Aizawl District, Aizawl, had directed that the petitioners No. 1 & 2 be paid the compensation for their plots of land at the rate of Rs.200.00 per sq.ft. along with 30% solatium as per Sec. 23(2) and 12% interest as per Sec. 23(1A) of the Land Acquisition Act, 1894. The Deputy Commissioner, Aizawl District, Aizawl, had also directed that the petitioners No. 1 & 2 should also be paid the interest under Sec. 28 of the Land Acquisition Act, 1894, as the same benefit has been given by the reference Court and the High Court to other similarly situated persons. Pursuant to the aforesaid directions of the Deputy Commissioner, Aizawl District, Aizawl, the compensation amount payable to the petitioners No. 1 & 2 for their land, was assessed by the Deputy Commissioner, Aizawl District, Aizawl, at Rs.3,98,72,713.00 and Rs.3,86,45,860.00, respectively, in respect of petitioners No. 1 & 2. The aforesaid amount, inter alia, included 15% interest w.e.f. 31/8/2013, upto 9/12/2020, which is an interest under Sec. 28 of the Land Acquisition Act, 1894.