KALENDOR CHAKMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Nitesh Kumar Singh, learned counsel for the petitioner and Mr. C. Zoramchhana, learned Addl. Advocate General, Mizoram for the State respondents.

(2.) This is the second time the writ petitioner is before this Court. The earlier writ petition being WP(C) No. 21/2017 was filed challenging the eviction order dt.17/12/2015 by which the settlement at Tuichawng-chhuah village (the Village) was declared to be illegal and unauthorized. The inhabitants of the said settlement were therefore asked to vacate the place immediately upon receipt of the eviction order. The writ petition came to be disposed of vide judgment and order dtd. 28/4/2018 whereby, the impugned eviction order dtd. 17/12/2015 was set aside after this Court came to a finding that the mandate of Sec. 26 of the Lushai Hills District (Village Councils) Act, 1953 (V.C Act) was not followed before the issuance of the impugned eviction order. It was also observed that the respondents were not precluded from taking a decision afresh but the same should strictly be in conformity with the mandate of the provisions of the V.C Act.

(3.) After the disposal of the earlier writ petition in the above manner, the respondent authorities in the Local Administration Department (LAD) vide order dtd. 28/5/2019 (Annexure-2) served a notice to the settlers of the Village, asking them to vacate the settlement within a period of three (3) months from the date of receipt of the notice failing which the imposition of a fine of Rs.100.00 per day per family in terms of Sec. 26(5) of the V.C Act would be made. Aggrieved with the said order, the petitioner is again before this Court through the instant writ petition, praying for the impugned order to be set aside and quashed.