TINHRANGA Vs. DISTRICT COLLECTOR, LAWNGTLAI DISTRICT

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the appellants as well as Mr. C. Zoramchhana, learned Addl. A.G., Mizoram appearing for the respondent No.1. Also heard Ms. Zairemsangpuii, learned CGC, appearing for the respondent Nos. 2 and 3.

(2.) This appeal under Sec. 54 of the Land Acquisition Act, 1894 ('L.A. Act' for short) read with Sec. 96 and Order 41 Rule 1 of the Civil Procedure Code ('C.P.C.' for short) and Sec. 17(1) of the Mizoram Civil Courts Act, 2005 has been preferred against the Judgment and Order, dtd. 19/11/2019, passed by the learned District Judge, Lunglei Judicial District in L.A. Case No. 2/2018 for enhancement of the market value of the lands belonged to the appellants which were acquired by Draft Award No. 1/2015.

(3.) The appellants' grievances, precisely, are that for the purpose of widening of road from Hnahthial to Saiha via Sangau road, the Revenue Department, Government of Mizoram published a preliminary Notification on 12/11/2012 under Sec. 4(1) of the L.A. Act along with a notification dtd. 27/2/2015, that is, Declaration under Sec. 6 of the L.A. Act for the purpose of acquisition of the lands belonged to them. The lands were accordingly duly verified and demarcated and after complying with all the formalities required under the L.A. Act, the respondent No. 1/District Collector, Lawngtlai District, Lawngtlai published the Draft Award No.1/2015 awarding Rs.54,53,205.00 (Rupees Fifty Four Lakhs Fifty Three Thousand and Two Hundred and Five) only to the appellants by fixing the market value of the lands belonged to them @ Rs.80.00 per square metre. The aforesaid Draft Award was approved by the Government of Mizoram vide a letter dtd. 17/8/2015.