THANKHUMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.R Malhotra, learned counsel for the petitioner and Ms. Zairemsangpuii, learned CGC for respondent Nos. 1 to 6. Also heard Mrs. H. Lalmalsawmi, learned Government Advocate appearing for respondent Nos. 7 to 10.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the Order dtd. 8/8/2017 (Annexure-21) passed by the respondent No. 8, by which Permit No. 229/1962 issued to the petitioner by the erstwhile Mizo District Council, has been cancelled. The petitioner has also claimed rental compensation from the respondent authorities for occupation of his land by the Security Forces w.e.f. 1966 till date along with interest and for the period thereafter, until the respondent Nos. 1 to 6 vacate his land.

(3.) Be it stated herein that this is the second time the petitioner has approached this Court. The earlier writ petition i.e. WP(C) No. 78/2014 was disposed of at the motion stage vide Order dtd. 7/8/2014 by constituting a Joint Spot Verification Team to conduct spot verification on the claim of the petitioner and also verify his permit within a specified time. It was further directed that if the petitioner was found entitled to be paid compensation, the claim and payment of compensation be also made within a specified time frame of 4 (four) weeks. In terms of the Court's direction, the constituted Joint Verification Team conducted a joint spot verification on 15/10/2014 and as per its report, the genuineness of the Permit No. 229/1962 belonging to the petitioner could not be proved by the District Office of Land Revenue and Settlement, Mamit due to non availability of the connected paper or guard file. It was stated that the same may be checked and verified in the Office of the respondent No. 9 i.e. Director, Land Revenue and Settlement Department, Govt. of Mizoram, Aizawl. The report further stated that land was currently being occupied by the Border Security Force (BSF) and the same location was claimed by one Mr. Lalsailova Sailo of Phuldungsei and whose case was under process. The report also stated that old trenches dug by the Security Forces were visible at several locations to prove their occupation of the land.