SH. ZOMUANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Zochhuana, learned counsel appearing for the petitioners. Also heard Mr. Samuel Vanlalhriata, learned Govt. Advocate appearing for the respondent Nos. 1, 2 & 3 and Mr. Ali Hussain, learned Standing counsel appearing for the respondent No. 4 i.e. Northeastern Frontier Railway.

(2.) The land of the petitioners, measuring 2 Bighas each, at Khamrang Village Council area under Kolasib District involved in the case was required under the Land Acquisition Act, 1894 as amended for construction of railway line by the N.F. Railways from Bairabi to Sairang. Notification under Section 4(1) and Declaration under Section 6 (1) of the L.A. Act for acquisition of the land involved in the case were issued on 02.08.2011 and 24.01.2012 respectively.

(3.) Initially the Collector of Kolasib District on 29.01.2014 in his Draft Award No. 1/2014 (Part -D Khamrang) determined only value of the standing Crops over the acquired land as Damage Compensation payable to the petitioners, since petitioners are only Village Council Pass Holders on the land in question and said Award was approved by the State Government in the Revenue Department on 24.02.2014. But prior to said approval of the Award by the State Government; possession of the land of the petitioners involved in the case was taken over on 22.01.2014. Thereafter, the said Collector on 07.08.2014 directed the Railway authorities to deposit the awarded amount with it for disbursement of land acquisition compensation to the land owners involved in the said case, including the Interest @ 12% under Section 23 (l -A) and Solatium @ 30% under Section 23 (2) of the L.A. Act on the said value of the crop, but without determining the acquisition compensation for the land of the petitioners although it was acquired permanently. The Railway authorities accordingly deposited the approved awarded amount and the Collector of Kolasib disbursed the awarded amount of compensation to the petitioners in August, 2014 itself.