UNION OF INDIA Vs. LALMALSAWMI

JUDGEMENT

(1.) Heard Mr. S.K. Medhi, learned CGC for the petitioners and Mr. Lalsawirema, learned counsel for the private respondents and Mr. C. Zoramchhana, learned Addl. Advocate General for the State respondents. This order will dispose of both CRP No. 2/2023 and WP (C) No. 19/2023.

(2.) The petitioners Union of India has filed CRP No. 2/2023 challenging the Order dtd. 26/10/2022 passed by the learned Judge, Fast Track Court-cum- Addl. District and Sessions Judge, Kolasib, Mizoram in CMA No. 16/2022 in connection with Execution Case No. 1/2018 arising out of LA Case No. 42/2015. The petitioners have also challenged the consequential Order dtd. 11/11/2022 (Annexure-F) passed by the District Collector awarding the respondents land owners interest under Sec. 34 of the Land Acquisition Act, 1894 (LA Act) from the date of possession of their land till the date of Judgment and Order of the Reference Court in LA Case No. 42/2015.

(3.) In WP(C) No. 19/2023, the petitioners Union of India has also challenged the Order dtd. 11/11/2022 passed by the District Collector, Kolasib, whereby the land owners were found to be entitled to be given statutory interest as envisaged under Sec. 34 of the LA Act from the date of possession i.e. 4/3/2013 till the date of Judgment and Order of the Reference Court in LA Case No. 42/2015. The petitioners have also challenged the consequential Communications dtd. 14/11/2022 (Annexure-H) and 24/11/2022(Annexure-I) of the District Collector, Kolasib to the NF Railway Authority asking the latter to deposit the assessment made under Sec. 34 of the LA Act and the assessment made towards its interest on solatium as per Sec. 23 (1)(A) of the LA Act.