R.K. BAWNGA Vs. DISTRICT COLLECTOR, KOLASIB DISTRICT

JUDGEMENT

(1.) Heard Mr. Lalchhanliana Khiangte, counsel for the petitioner who submits that the petitioner's land was acquired for construction of a Railway Line vide Draft Award No. 1/2012 (Part B-Kawnpui), which was issued on 4.9.2012 by the District Collector, Kolasib. The petitioner was given compensation for the value of the loss of crops on the land, but was not given any compensation for loss of the land. The petitioner was also not given solatium and interest as per Sec. 23 of the L.A Act, 1894.

(2.) The petitioner thereafter submitted a reference petition under Sec. 18 of the L.A Act dated 'Nil'. The reference petition was sent by the District Collector, Kolasib to the Civil Court for adjudication where it was registered as L.A Case No. 30/2013.

(3.) L.A Case No. 30/2013 was disposed of by the Addl. District Judge-II, Aizawl vide Judgment and award dated 5.12.2013 wherein the petitioner was awarded solatium and interest as per Sec. 23 of the L.A Act, 1894 against the compensation amount awarded for the value of the crops. The petitioner was also awarded interest @ 6% p.a. in case of failure to deposit the awarded amount within 90 days from the date of the Judgment and Award.