NORTHERN FRONT RAILWAY Vs. THANCHHINGI

JUDGEMENT

(1.) Heard Mr. Ali Hussain, counsel for the appellants. Also heard Ms. Melody L.Pachuau, Govt. Advocate for respondent No.40 and also heard Mr. Zochhuana, counsel for the respondent Nos. 1 to 29 & 31 to 34 and Mr.J.C.Lalnunsanga, learned counsel appears for respondent Nos. 30, 36 to 39.

(2.) The appellants by way of this appeal have challenged the Judgment & Award dated 26.8.2014 passed by the Additional District Judge-I, Aizawl in L.A. Case No. 34 of 2013 by which the compensation payable to the land owners for acquisition of their lands has been fixed at Rs.60/- per square feet, for land covered by Periodic pattas, House passes and V/C passes. The Reference Court has also directed that the land owners having lands covered by Periodic Pattas, House Passes, V/C passes and Permits should also be given solatium and interest as per Section 23 of the L.A. Act, 1894.

(3.) The appellants counsel submits that the Govt. of Mizoram had issued Notification dated 29.8.2011 under Section 4(1) of the L.A. Act, 1894 notifying that land at Mualkhang (34.80 kms to 42.241 kms) and Sairang (42.241 kms to 9.05 kms) measuring approximately 44.6945 hectares was likely to be needed for construction of new railway line from Bairabi to Sairang. Thereafter, Government issued corrigendum dated 15.9.2011 under Section 4(1) of the L.A. Act, 1894 declaring that the aforesaid land was required for public purpose. The State Government also issued notice under Section 9 of the L.A. Act, 1894 calling for objections from the land owners whose lands fall within the area intended to be acquired.. Thereafter, the District Collector pronounced Award No. 5 of 2012 on 5.7.2012.