UNION OF INDIA Vs. LALLAWMSIAMA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree, dated 20.08.2009, passed by the learned Senior Civil Judge, Aizawl District, Aizawl in Civil Suit No. 23 of 2006, whereby the plaintiffs' suit for compensation towards rental charges, in respect of his land measuring 15.14 bighas, covered by garden periodic patta No. 61 of 88 situated at Pukpui (Kawmzawl), Lunglei District, for occupation of the said land by the security forces for the period from 1.09.1986 to 31.12.2005, was decreed.

(2.) The facts leading to the filing of this appeal, may, be summarized, in brief, as follows :-

(3.) The State respondents, i.e., defendant Nos. 1 to 4, contested the plaintiffs' claim by filing a written statement. In their written statement, filed on behalf of the defendant Nos. 1,2,3 and 4, it has been averred, that the trial court had no territorial jurisdiction to try the case, that the suit was barred by Law of Limitation, that adequate court fee was not paid, that the Village Council had no authority to make allotment of land for agriculture purpose and as such, the P. Patta No. 61 of 1988 could not have been treated as valid document, inasmuch as the same originated from the unauthorized Pass, issued by the Village Council of Pukpui. The State defendants further stated that the Board of Officers, constituted in 1992, consisting of the representatives from the State Government, the army and the defence estates visited all army occupied areas in different locations and prepared 'blue print' indicating, therein, the areas occupied by the security forces. It has also been stated that the names of the genuine land owners, whose land was occupied, have been clearly shown in the blue print, which was duly signed by the members of the Board officers and countersigned by the Deputy Commissioner, Aizawl. In the said written statement, it has been admitted that the Defence Ministry released an amount of Rs. 5.19 crores for the period from 1986 to 1997 and the plaintiff, whose name was included in the said blue print of Kawmzawl was also given compensation. The answering defendants further stated that an amount of Rs. 27,63,216/- being rent, in respect of occupied land, situated at Kawmzawl, belonging to ten land owners, for the period from 1986 to 1997 was sanctioned by the defence authority. It has also been stated that though the sanction was made in respect of an area measuring 495190.80 Sq.ft the actual occupied area, as per blue print, was 1579068.33 per Sq.ft. and therefore, the sanction being made for lesser area than the blue print area, the State Government had disbursed compensation to all the ten land owners, proportionately reducing area of the land, so as to make payment to all of them. It is also stated that, the Union of India sanctioned compensation of Rs.4947939.269 for the period from 1998 to 2005 and that steps for the disbursement of the said amount has been initiated by the Directorate of the Revenue Department From the above written statement, filed by the State defendants, it appears that plaintiff is an owner of land measuring 15.14 bighas, which land was included in the blue print, prepared and signed by the Board of Officers, consisting of the representative from the State Government, the Army and the Defence Estates, but the plaintiff could not be paid the rent for his entire land due to non-receipt of rental charge from the Union of India, in respect of the entire occupied area, i.e., area shown in the blue print. From the said written statement, it is also found that, irrespective of the allotment made by the Village Council, allotment of the said land was made by the government in favour of the plaintiff, by issuing periodic patta No. 61 of 88 and that his name was shown in the blue print, as one of the genuine land owners, whose land was occupied by the security force. The contesting State defendants reiterated that payment would be made to the land owners, on the basis of the sanction made, by way of proportionate reduction of areas of the land, belonging to the land owners, as was done for the period from 1986 to 1997.