C. LALTANPUIA Vs. P.C. LALRINAWMA

JUDGEMENT

(1.) The appellant in this case is Shri C. Laltanpuia. Sh. P.C. Lalrinawma, the District Magistrate/Deputy Commissioner, Aizawl district, Aizawl and the Settlement Officer, Land Revenue and Settlement, Aizawl district, Aizawl are arrayed as respondent Nos. 1, 2 and 3. The respondent No. 1/plaintiff has brought up a money suit registered as Money Suit No. 70/2011 for payment of compensation by the appellant/defendant No. 1 amounting to Rs.12,53,300.00 (Rupees Twelve Lacs Fifty Three Thousand Three Hundred) and interest @ 20% from the day of dismantlement of the plaintiff's house building till realization of the claimed compensation and payment of Rs.30,00,000.00 (Rupees Thirty Lacs) for the landed property that was damaged due to the house site development of the appellant/defendant No. 1.

(2.) The genesis of the case was that the plaintiff had a plot of land under L.S.C. No. 2008/1987 located at Chanmari West, Aizawl which he had purchased in the year 1996 and constructed an Assam Type building between October, 2003 to April, 2004. He let out some rooms on rent to three tenants and was earning monthly rents of Rs.1500.00 + Rs.1200.00 + Rs.800.00 respectively from the tenants.

(3.) It is averred that the appellant/defendant No. 1 had purchased the adjoining land area of land covered by LSC No. 2009/1987 in the year 2009. It is averred by the respondent No. 1 that the appellant repeatedly requested the respondent No. 1 to purchase his land but the respondent No. 1 refused. Meanwhile, the appellant started digging his land from the lower side of the Sairang road with the help of a JCB and without any precautionary measures. This led to the destruction of the land of respondent No. 1. Respondent No. 1's tenants were compelled to vacate the tenanted premises on 17/3/2011 as they were petrified. Respondent No. 1 then lodged a complaint to the respondent No. 2 on 23/3/2011 and the respondent No. 2, Deputy Commissioner-cum-District Magistrate vide order dtd. 24/3/2011 directed the appellant to stop his excavation procedure until further orders. A notice dtd. 25/3/2011 was issued to all concerned and in pursuance of the complaint of the respondent No. 1, the representatives of the Deputy Commissioner, Aizawl (DC for short) and Geology Minerals Resources Development visited the place of occurrence. On 24/3/2011, surveyors from the office of the DC (Revenue), Aizawl measured the land covered by LSC No. 2009/1987 belonging to the appellant. A team of experts conducted spot verification on 23/3/2011, 24/3/2011 and 25/3/2011 and Geote-chnical Assessment Report was submitted on 26/3/2011.