REMSIAMA NGENTE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Lalfakawma, learned counsel appearing for the petitioners. Also heard Ms. Zairemsangpui, learned CGC, appearing for the respondent Nos. 1 to 4 and Ms. Mary L. Khiangte, learned Government Advocate, Mizoram appearing for the respondent Nos. 5 to 7.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners have prayed for an order for payment of rental compensation to them for occupation of their lands by the Security Forces for the period from 1994 till the period of acquisition of their lands.

(3.) The grievance of the petitioners in this writ petition is that they are the owners of lands located at Thuampui Helipad Area, Aizawl covered by various Land Settlement Certificates (L.S.C.). Since 1994 their lands have been occupied by the Security Forces. However, the acquisition proceedings of the lands of the petitioners were initiated only on 11/6/2018 by publishing notification under Sec. 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (For short 'the Act') by the respondent No. 7, the Deputy Commissioner/District Collector, Aizawl. It is the case of the petitioner that in spite of occupation of their lands by the Security Forces under the Ministry of Defence, Government of India since 1994, they have not been paid any rent by the respondents.