STATE OF MIZORAM Vs. EVELYN BEINGIAZI

JUDGEMENT

(1.) The instant WA No. 18 of 2022 is an appeal against the Judgment and order of the learned Single Judge in WP (C) No. 43 of 2019 dtd. 28/10/2021 and the W.A No.20 of 2022 is an appeal against the judgment order of the learned Single Judge in WP (C) No. 18 of 2022 dtd. 2/6/2022. It was seen that both the Writ appeals pertains to the same subject matter, but in relation to different plot of land, for the above reason both the Writ Appeals were listed and heard together. Heard Mrs. Linda L. Fambawl, learned Additional Advocate General for the State respondents in both the writ appeals along with Mr. Victor L. Ralte, learned counsel for the private respondents in both the writ appeals and Ms. Ramengmawii, learned counsel for MADC, in both the writ appeals.

(2.) The brief facts of the case is that the present Appellant i.e., Health and Family Welfare Department, was allotted a plot of land under the Land Donation Certificate by the Mara Autonomous District Council (MADC)/ Respondent Nos. 2 and 3 dtd. 17/9/1997 with an area of 26.40 x 21.85 meters and Land Donation Certificate No. 54/L&R/2003-04/186 of 27/1/2005 with an area of 6.6 hectares. On 21/3/2014 the Respondent Nos. 2 and 3 issued a Notification through the Senior Revenue Officer, vide No MADC 56/L&R/Admn/2013 under Sec. 17 and Sec. 22 of the Mara Autonomous District Council (Non-Agricultural Land Settlement) Act, 2011, stating that since the system of allotting land by lease shall be introduced w.e.f 1/4/2014, all Government Departments, Companies, Firms or Associations of persons in possession of Land by means of Land Donation Certificate were informed to apply for Land Lease Certificate and to surrender their respective Land Donation Certificates on or before 31/3/2014 and those who already surrendered their Land Donation Certificates shall be deemed to have already applied for Land Lease Certificates on the condition that the Executive Committee may acquire for public purpose any plot or any portion of land covered by the boundary of such Land Donation Certificate which is not used for the purpose for which it was allotted. Therefore, in pursuance to the said notification the Appellant herein submitted its Land Donation Certificate to the Land Revenue Settlement Department, MADC. Thereafter another notification dtd. 16/7/2014 was issued by the Senior Revenue officer, Land Revenue Settlement Department, MADC, notifying that all Land Donation Certificates issued by the MADC was revoked w.e.f 1/4/2014 and that the original area of land may not be given while allotting land on lease but as deemed appropriate by Executive Committee, MADC. All heads of the department were requested to cooperate with the officials of the Land Revenue and Settlement department. In terms with the said notifications the Appellant/ Health department were issued Certificate of Land Lease, bearing No. LL.02(G Deptt) 43 of 8/2/2014 whose landed area in sqm. was 10139 , which was smaller than the area allotted to them under the Land Donation Certificate. The instant respondent No. 1 was then issued a plot of land in the sliced out portion of land vide land pass dtd. 8/12/2016, which was converted into a permanent pass under LSC No.PLSC/R/NS/47/018 dtd. 26/4/2018 in terms of Sec. 16 of the Mara Autonomous District Council (Non- Agriculture Land Settlement) Act,2011 (Act of 2011). When the Appellant Department came to know that certain portion of its land had been sliced out while converting the Land Donation Certificate into Land Lease Certificate, the Appellant Department submitted their objections and representations to the MADC vide letters dtd. 20/3/2017, dtd. 18/5/2018 and letter dated 05. 06. 2018, requesting the Chief Executive Member, MADC to take necessary action for restoration of its land into its original form. Thereafter, the MADC in pursuance to the resolution of the 47thExecutive Committee held on 26/6/2018, issued a Show Cause Notice dtd. 27/9/2018 to the 11 private persons, to whom Land Lease were issued within the land of Health and Family Welfare Department and cancelled the LSC's issued to 11 private persons within the area of Health and Family Welfare Department by issuing cancellation order dtd. 17/1/2019.

(3.) The contention of the Writ Petitioner in Writ Petition (C) No. 43 of 2019/Respondent No.1 was that the Land Donation Certificate of the respondent Health Department was declared void on the issuance of land lease certificate vide notifications dtd. 21/3/2014 (Annexure 2) and notification dtd. 16/7/2014 (Annexure-3). During the demarcation/measurement of the Land Lease Certificate of the Health and Family Welfare Department, the representatives of the Appellant (i.e., Health and Family Welfare Department) were also present and no objection was raised then. The Health department was then issued the Land Lease certificate (annexure 4) wherein certain portions of the landed area previously allotted was sliced out. That the Petitioner had applied for allotment of a plot of land within the landed area that was sliced and accordingly, the Revenue Authority in pursuance of her application had allotted her a plot of land vide H/227/NS/L&R/015 of 8/12/2016 which was subsequently converted to a Non-Agricultural Permanent Land Settlement Certificate No PLSC/R/NS/47/018 of 26/9/2018 measuring an area of 240 sq.m/2582.4.sq.ft (annexure 5) located a New Siaha area after following the due process of law. Therefore, the claim and objection of the Health and Family Welfare Department on the basis of Land Donation Certificate which was already revoked cannot be accepted. That the cancellation of her LSC vide order dtd. 17/1/2019 is highly arbitrary, illegal and unconstitutional in as much as her LSC could only be acquired in such circumstances, as per law, as provided at para 5 of the terms and conditions of the LSC, which states that the land may be partly or wholly acquired by the District Council or officer authorised by it for public purposes in accordance with the law applicable in the District Council area. She therefore prayed for the restoration of her LSC or for a direction to the MADC to acquire the said land if the same is required for public purpose as per law.