NORTHERN FRONT RAILWAY Vs. ZOTHANSANGA

JUDGEMENT

(1.) Heard Mr. Ali Hussain, counsel for the appellant, i.e. the North East Frontier Railway. Also heard Mr. Zochhuana, counsel for the respondent Nos. 1 to 5 and Mr. Samuel Vanlalhriata Chhangte, Govt. Advocate for the respondent Nos. 6 & 7.

(2.) The appellant's counsel submits that land was acquired by the Government on behalf of the appellant for construction of a New Railway Line (Bairabi to Sairang). In pursuance to the said acquisition, the District Collector pronounced Award No.5 of 2012 on 5.7.2012 under Section 11 of the L.A. Act, 1894.

(3.) The respondent Nos. 1 to 5 who are the owners of lands covered by periodic pattas, V/C passes and permit were included in the Award No.5 of 2012. However, the respondent Nos. 1 to 5 were not given any compensation for the value of their lands and they were given compensation only for the crop damage. Being aggrieved, the respondent Nos. 1 to 5 filed a Reference Case under Section 18 of the L.A. Act, 1894 before the District Collector, Aizawl. The District Collector thereafter referred the said Reference Application to the Court of the Principal Civil Judge, Aizawl District. The Reference Case was registered as L.A. case NO. 32 of 2013. L.A. case No. 32 of 2013 was disposed of by the learned Additional District Judge-1, Aizawl vide Judgment & Order dated 19.9.2014 stating that ;