LALCHAWIVELA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioners have challenged the legality and validity of the notification dated 31.10.2012 issued by the Secretary to the Government of Mizoram, Local Administration Department whereby the Government directed all the residents to leave Saikhumphai on or before November, 2012 and declaring that Saikhumphai shall be a vacant and deserted place from 01.12.2012. Petitioners have further prayed for a direction to the respondents to allow them to continue living in Saikhumphai considering their long stay in that place. Petitioners, who are 98 in numbers, have stated that they have been permanently residing in Saikhumphai in the district of Champhai since last several years. In fact, occupation of Saikhumphai started in the year 1963. Saikhumphai falls within the jurisdiction of Vaphai Village Council. Residents of Saikhumphai were allowed to settle there by the local authority of Vaphai exercising power conferred under Section 3 of Lushai Hills District (House Sites) Act, 1953. Settlement within Saikhumphai was done as per allotment of sites by the authority of Vaphai village.

(2.) When insurgency broke out in Mizoram in the year 1966, the villages around Vaphai were grouped together at Vaphai village. When the insurgency came to an end, the inhabitants of Saikhumphai returned to Saikhumphai with the permission of Vaphai Village Council.

(3.) Petitioners have contended that not only have they constructed their residential houses at Saikhumphai, they have also cultivated various crops and fruit bearing trees. There are about 60 private households having 300 members in Saikhumphai. Petitioners have been paying land revenue to the Government of Mizoram and are also included in the electoral roll of 25-East Tuipui (ST) Constituency.