S. HRANGZUALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned counsel for the appellant, Ms. Zairemsangpuii, learned CGC who appears for the respondent Nos. 1 to 5, Mr. Lalpianfela Chawngthu, learned counsel who appears for the respondent Nos. 6, 7 and 8 and Mrs. H. Lalmalsawmi, learned Govt. Advocate who appears for the respondent No. 9.

(2.) This is an appeal filed by the appellant/writ petitioner (hereafter referred to as the writ petitioner) against the Order dtd. 25/2/2021 passed by the learned Single Judge in WP(C) No. 124/2019, by which the writ petition was dismissed on account of delay and laches. The learned Single Judge was also of the view that since disputed questions of fact is involved, it is a case which cannot be decided by a Writ Court but by a Civil Court.

(3.) By filing the writ petition, the writ petitioner prayed for a direction for payment of rental compensation along with interest for occupation of his land by the Border Roads Task Force (BRTF) since the year 1974 and also, to direct them to acquire the land if they are going to use the land permanently. According to the writ petitioner, land was initially allotted to him vide Pass No. P.S Poultry L.S 9/1972 dtd. 10/10/1972 by the Lai Autonomous District Council (LADC) covering an area of 50,100 Sq.m in Chawnhu village area on Lunglei to Tuipang road, Lawngtlai District. The Pass was thereafter converted into LS 12/1997 on 3/4/1997. The respondent Nos. 1 to 5 illegally occupied his land by constructing Quarters, Camp etc. in the year 1974 without the consent and permission of the petitioner and without paying any compensation. Thereafter, the Executive Committee of the LADC donated a plot of land to the respondent Nos. 1 to 5 measuring 11.46 acres for construction of Camp by way of a Lease. The plot of land given to the respondent Nos. 1 to 5 was initially for five (5) years with effect from January, 1978 and thereafter, renewed from time to time.