VANLALCHHUANGI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalsawirema, learned counsel appearing for the appellants and Mrs. Linda L. Fambawl, learned Government Advocate for the respondent/defendants as well as proforma respondent.

(2.) The appellants herein are the Land Settlement Certificate holders of land at village Tumpai in the District of Kolasib vide LSC Nos. KLB-135/1992 measuring 530.6 sq. meters and KLB-29/2000 measuring 531.24 sq. meters respectively. The appellants while enjoying the peaceful possession of their said land and intended to develop the same, they on 28.10.2008 entered into an agreement with M/S. Vodafone Essar Spacetel Limited, a company registered under the Companies Act, 1956 having its Registered Office at New Delhi and they allowed the said Company to use their aforesaid land for a cellular site consisting of cellular equipment towards polls, antennae, generator and other necessary accessories and equipments including to necessary towers so as to establish and operate a GSN Mobile Telecommunication Network at the rate of Rs. 6000/- per month.

(3.) Initially such development works for said Network Company was stalled by the Deputy Commissioner, Kolasib and vide his letter under Memo No. R. 15013/3/99-DC(K)/104 dated 16.09.1999 informing the Engineer-in-Chief of PWD Government of Mizoram, Aizawl that some land around Tumpui Helipad, Kolasib belonging to some private individuals were already acquired in early part of 2007 by the PWD, Mizoram, living some areas in the South Eastern Side of the said Helipad untouched and the present petitioners are going ahead for construction of Vodaphone Tower and residential houses over their land at Tumpui and if such construction of high raised Tower and RCC residential houses are allowed to take place over their land in Tumpui area near the Helipad area, it will thwart the landing and taking off of Helicopters from the said Helipad and the land that has already been acquired shall not serve the purposed for which it was acquired and therefore, asked for acquisition of appellants' said land so as to make the said Helipad at Tumpui accessible for all types of Helicopters. By the said communication dated 16.09.2009 the Deputy Commissioner, Kolasib also informed the PWD that construction of Vodaphone Tower and residential structures over the aforesaid land of the appellants at Tumpui had been stayed directing the appellants not to go ahead with such construction.