STATE OF MIZORAM Vs. C DENIEL

JUDGEMENT

(1.) With the consent of the learned counsel for respective parties, the matter is finally heard.

(2.) The respondent-petitioners, who are ten in number, have approached this Court by filing a petition under Article 226/227 of the Constitution seeking a direction to the Government to make enquiry and assess the compensation to which they are entitled, on the ground that the Government following the proposal for acquisition of their land make a notification and took possession of the same. Later on, the Government abandoned the proposal for acquisition of the land of the petitioners and the land of the petitioners under acquisition were released and returned back. The petitioner-respondents were in possession of the land prior to the acquisition.

(3.) In nutshell, the petitioners' case is that prior to the proceedings were taken up for acquisition of the land they were in possession of the land and after the proceedings were taken up they were dispossessed and were handed back the possession when it was decided by the Government to release the land from acquisition. The learned Single Judge has held that from the documents on record i.e. the notification and the existence of land pass it can be safely assumed that for the period between 20.9.94 till 24.10.2002 the petitioners were dispossessed from their land and they were out of possession which deprived them the enjoyment of the fruits of the land.