RAMTHARA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. Lalchhanliana Khiangte, learned counsel for the petitioners as well as Mr. Aldrin Lallawmzuala, learned Addl. Advocate General, Mizoram for the respondents.

(2.) THE case in brief is that the petitioners are the owner of graves at Bairabi North cemetery allotted by the Village authority as per the Mizo custom and traditional practice and the said cemetery has been used for burying the dead bodies of the relatives of the petitioners since 1969 till date.

(3.) THE respondent No. 2 issued a notification dated 2.8.2011 for acquisition of land for construction of railway line from Bairabi to Sairang under Section 4 of the Land Acquisition Act, 1894. The respondent No. 4 issued a subsequent notice dated 16.8.2011 informing all owners of house/garden sites falling under Kolasib District Km 0575 - 42.241Km which are to be affected to submit their claim and objection alongwith land pass/permit before 5th September, 2011. Thereafter, the respondent No. 4 after making assessment of compensation for acquisition of land for the said construction of railway line, issued Draft Award No. 1 of 2012 which was approved by the respondent No. 2 by letter dated 22.5.2012. It is the case of the petitioners that the graves owned by the petitioners are to be affected by the acquisition of land for construction of railway line Bairabi to Sairang. However, their names were not included in the Award whereas 198 names of the grave owners at Bairabi North cemetery were included and that the petitioners have not been paid any compensation. Being aggrieved, the petitioners submitted a representation to the respondent No. 4 which was received on 8.10.2012. The said representation is yet to be disposed of by the respondent No. 4 till today.