THANKHUMA CHHANGTE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition dates back to 17th March, 1990. The petitioner Sh. Thankhuma Chhangte presented this petition to recover rent/compensation for his land covered by Pass No. G.R. 30/55.

(2.) Shorn off unnecessary details the essential facts are as follows: Respondent No. 2 (Project Pushpak) and respondent No. 1, Union of India, it is alleged, occupied land covered by the aforesaid Pass No. 30/55 with effect from the year 1966 but the petitioner has not been paid the compensation. The Pass covered 24 bighas of land at Zemabawk of Aizawl Town. There was correspondences amongst the respondents in this context requesting either to pay compensation, or to vacate the land or to allow alternate land in lieu thereof to the petitioner/Pass holder of the occupied land. But nothing was done and no formal proceedings for acquisition of the land was taken. That the petitioner on the strength of Pass granted to him is entitled to ownership in addition to possession of the same as per law and there canrtot be any hindrance to the right so acquired by the petitioner. Accordingly, the petitioner initially prayed for-

(3.) This writ petition originally registered as Civil Rule No. 575/90, was renumbered as Civil Rule 51/90 and lastly renumbered as W.P. (C) No. 2/90.