UNION OF INDIA Vs. T. ZIRKUNGA

JUDGEMENT

(1.) Heard Ms. Zairemsangpuii, learned CGC appearing for the appellants and Mr. C. Lalramzauva, learned senior counsel assisted by Mr. Jonathan L. Sailo, learned counsel for the respondent Nos. 1 and 2.

(2.) The present respondent Nos. 1 to 3 alleged that the appellants herein and the respondents No. 4 to 7 damaged their land at Aizawl-Lunglawn road, Lunglei by entering forcefully and therefore they as plaintiffs filed a suit against the appellants and respondent nos. 4 to 7 being Title Suit No. 5/2004 before the Court of Additional District Magistrate, Lunglei, Mizoram praying for a decree for payment of compensation towards damages with interest @ 12% from the date of cause of action arose till the full payment is made, for a decree that the defendants shall not to encroach their land involved in the suit in further and further for a decree for payment of the cost of the suit payable by the defendants.

(3.) The contention of the plaintiffs respondents Nos. 1 to 3 are that they are the lawful land holders of patta land at Aizawl-Lunglawn road, Lunglawn, Lunglei through (i) LSC No. 440/1984 comprising an area of 769 sq. feet, (ii) LSC No. 878/1990 comprising an area of 3050 sq. feet and LSC No. 7/1978 comprising an area of 4843 sq. feet respectively and the defendants while widening the National Highway between Aizawl and Lunglei forcibly encroached their said land involved in the case and destroyed the same by depositing huge amount of moulded excavated soil over it and thereby destroyed the interest and the production of the said land. In their said plaint the plaintiffs also contended that the present appellants, i.e. the Border Task Force by encroaching their land, deposited large volume of excavated soil over it using JCB and Bull dozers and also dragged their said land by which they endangered their life, making the plaintiffs unable to build or construct any house over it. It was also stated that though the plaintiffs approached the defendants they did not pay any heed to it. The plaintiffs submitted that the cause of action that suit arose on 10.03.2003 when the plaintiffs had to abandon their land owing to the encroach ment made by the defendants' appellants.