LALROTLUANGI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Order will dispose of both the cases since the issues involved are similar. Heard Mr. C. Lalramzauva, learned Senior Counsel assisted by Mrs. Emily Lalrinzuali Chhangte, learned counsel for the appellants and Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General for the respondents.

(2.) Both the appeals are filed under Sec. 54 of the Land Acquisition Act, 1894 (L.A Act) read with Sec. 17 of the Mizoram Civil Courts Act, 2005 and Order 41 Rule 1 of the Code of Civil Procedure (CPC) from the Judgment and Order dtd. 14/8/2019 passed by the learned Addl. District Judge-III, Aizawl in L.A Case No. 3/2014 in respect of L.A Appeal No. 8/2019 and against the Judgment and Order dtd. 31/7/2019 passed by the same Court in L.A Case No. 4/2014 in respect of L.A Appeal No. 9/2019.

(3.) The case projected by the appellants in L.A Appeal No. 8/2019 is that he is the owner of a plot of land covered by LSC No. 103102/10/496 of 2013 (No. 1023/12/10/496 of 2013) located at Sakawrtuichhun, Aizawl with total area measuring 125692.94 Sq.ft. His land was acquired for construction of road from Sihhmui to Ramrikawn under the L.A Act by the District Collector, Aizawl (Collector) through Award No. 1/2013. The area of land of the appellant which was acquired was 15526.68 Sq.ft. Besides being paid compensation for crop damage, the appellant was compensated for acquisition of his land @ Rs.42.00 per Sq.ft. Receiving the assessed amount under protest, the appellant filed a Reference Application under Sec. 18 of the L.A Act before the Collector, which was then referred to the L.A. Judge for consideration. The Reference Application was registered as L.A Case No. 3/2014. Against the Reference Application, the Collector filed written statement but the other respondents did not contest the Reference Application. On the basis of the pleadings, the Reference Court framed four (4) issues and after considering the evidence of the parties passed the impugned Judgment and Order dtd. 14/8/2019 by enhancing the value of the land to Rs.58.00per Sq.ft. The appellant not being satisfied is before this Court in appeal.