ASPRO RAJTALI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalchhanliana Khiangte, learned counsel appearing for the petitioners. Also heard Mr. Aldrin Lallawmzuala, learned Addl. Advocate General appearing for the respondent Nos. 1 to 3 and Mr. Ali Hussain, learned Standing counsel N.F. Railway for the respondent No. 4 N.F. Railway.

(2.) The Deputy Commissioner-cum-District Collector, Kolasib on 13.09.2012 passed a land acquisition award being Award No. 1/2012 (Part- C-Hortoki) with regard to acquisition of land under the provision of Land Acquisition Act, 1894 as amended for acquiring 117.06 Hectares for public purpose i.e. for the construction of railway line of N.F. Railway in the District of Kolasib including land of private land holders covered by LSC, Periodic Patta and Village Council Pass etc. In the award, the Collector concerned assessed the compensation @ Rs. 11,90,97,675/- including land value of Rs. 95,000/-. Subsequently, in a reference proceeding under the said L.A Act, the Reference Court directed to pay interest and solatium under Sections 23(1A) and 23(2) of the L.A Act to the land holders whose land was acquired under the aforesaid purpose in said Award No. 1/2012.

(3.) The petitioners are also Village Council Pass holders and their land were also acquired under the said Award No. 1/2012 of the District Collector, Kolasib but they were not paid the land value and the solatium and interest along with it. Though they received compensation for their crops & jirats standing on their land, they did not prefer any application for enhancement of compensation and for land value with interest and solatium. But on coming to know about such Award of the Reference Court passed on 13.01.2014 & 05.02.2015, enhancing the compensation in the same amount, the petitioners submitted an application before the Deputy Commissioner on 10.03.2016 under Section 28(A) of the Land Acquisition Act for re-determination of the amount of compensation on the basis of those Awards of the Reference Court in LA Case Nos. 4/2013 & 30/2014 respectively arising out of the same Award No. 1/2012. However, the District Collector, Kolasib by an Order dated 25.04.2016 rejected the said prayer of the petitioners for re-determination of compensation under Section 28(A) of the Land Acquisition Act, 1894 as amended stating that it could not be entertained as enhancement of Award is beyond the jurisdiction the District Collector.