LALSANGLIANA Vs. RAJIV MEHRISHI

JUDGEMENT

(1.) This is an application under Rule 9 of the Contempt of Court (Gauhati High Court) Rules, 1997 read with Sec. 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India for non-implementation/non-compliance of the order dtd. 3/3/2011 passed in WP(C) No. 8/2010.

(2.) The facts leading to the adjudication of the instant writ petition being WP(C) No. 8/2010 squealing in the Order dt. 3/3/2011 are as follows. The petitioners in the said writ petition were the land owners of their private lands in Kawmzawl area which falls under the Pukpui Village Council of Lunglei District, Mizoram. In the year 1966 and thereafter, the Security Forces occupied the said lands of the petitioners for counter insurgency operations. However no rental compensations were given to the petitioners and as such, they submitted representations for payment of the same but nothing was paid by Respondent Authorities to any of the petitioners. It was stated by the petitioners that few similarly situated land owners were paid compensation and that the authorities in the State Government verified the lands of the petitioners and the same were found genuine and in pursuance thereto, the State Government wrote letter to the Director, Government of India, Ministry of Home Affairs for sanctioning the assessed amount. In support of the claim for compensation, list of persons whose lands were occupied by Armed Security Forces were annexed for verification but no amount was paid to the petitioners and that the petitioners were constrained to file the instant Writ Petition being WP(C) No. 62/2007. During the said Writ Proceedings, Respondent No. 1 - 4 contended that Ministry of Defence deposited the rental compensation for the period 1998 to 2005 but the said were not paid to the petitioners. It was stated that Respondent No. 5 prepares the list of land owners and the payment was contemplated as per the MOU entered into by the Govt. of India, Govt. of Mizoram and the Mizo National Front in the year 1986 and that the Govt. of India, Ministry of Home Affairs released an amount of Rs.14.9 Crore for payment of rental compensation for the period from 1966 to 1986. Post 1986, a Board of officers comprising of the representatives of State Govt., the Army and the defence Estates were constituted and during the year 1992-93, the Board of Officers visited the areas and prepared the map showing the blue print area and it was resolved that the land which are not within the blue print area would be kept outside the purview for payment of rental compensation. The land of the petitioners were found outside the blue print area and as such, no rental compensation was paid after 1986. However the petitioners stated that the Respondents had not annexed the said map and as such, they were kept in dark as to the real picture.

(3.) Thereafter in response to the letter by the CGC on additional amounts being claimed by land owners for the period, 1966 to 1986, the joint team of officers were stated to have not verified the lands and as such, the said team was directed to furnish details of the said lands but the details were not furnished. In view of the discussions made, the said writ petition was disposed of on 7/1/2009 with the following directions, (a) a joint team of officials of both Union and the State comprising of Director (NE-II), Ministry of Home Affairs or his representative, DEO, Guwahati Circle or his representative, Secretary to the Govt. of Mizoram, Department of Revenue, Concerned DC / Collector to form a team for verification of the land, (b) the said team to furnish details to the appropriate authority for sanction of required fund for the purpose of rental compensation, (c) the spot verification to be completed within a period of three months and the payment to be made in the subsequent three months.