LAWS(GAU)-2024-11-59

STATE OF MIZORAM Vs. DARKUNGA

Decided On November 29, 2024
STATE OF MIZORAM Appellant
V/S
Darkunga Respondents

JUDGEMENT

(1.) Heard Mr. B. Deb, the learned Advocate General assisted by Ms. Lalnunhlui, the learned Government Advocate appearing on behalf of the State of Mizoram. We have also he. Lalramzauva, the learned Senior counsel assisted by Mr. A. R. Malhotra, the learned counsel appearing on behalf of the Respondents in Writ Appeal Nos. 8, 11 and 13 of 2021 as well as Mr. Lalfakawma, the learned counsel appearing on behalf of the private Respondents in Writ Appeal Nos. 5, 6, 7, 9, 10 and 12 of 2021 as well as Mr. J. C. Lalnunsanga for the Respondents Writ Appeal Nos. 11/2022 and 12/2022. We have also heard Mr. V. K. Jindal, the learned Senior counsel assisted by Mr. R. Subedi, the learned counsel appearing on behalf of the NEEPCO.

(2.) This instant batch of Writ appeals are directed against the common judgment and order dtd. 27/1/2021 passed in 11 (eleven) writ petitions whereby the learned Single Judge had -

(3.) At the outset, it is very pertinent to mention that by this impugned judgment and order, the learned Single Judge decided three different grievances raised in the writ petitions. Out of the eleven writ petitions, nine of them were grievances of non-payment of the entitlement as per Awards passed by the Collector in terms with the Act of 1894. Two writ petitions which were filed subsequently in the year 2017, raised two grievances. The first grievance was non-satisfaction of the Awards and thereby seeking directions. Secondly, the Petitioners in these two writ petitions were aggrieved by order dtd. 5/8/2016 and the Notification dtd. 28/1/1965 and accordingly challenged the order dtd. 5/8/2016 issued by the Chief Secretary to the Government of Mizoram as well as the notification dtd. 28/1/1965 made under Sec. 14 read with Sec. 21 of the Mizo District (Forest) Act, 1955 (for short 'the Act of 1955') whereby half mile on either side of 16 rivers were made Council Reserve Forests.