HRANGZAWNA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned counsel for the petitioners. Also heard Mr. Samuel Vanlalhirata, Government Advocate appearing for the State respondents.

(2.) The petitioners' case in brief is that they are owner of lands covered by Periodic Pattas. The petitioners' lands were to be acquired by way of Draft Award No. 1/2014. The petitioners' counsel submits that the petitioners were given their compensation, solatium and interest as per Section 23 of the Land Acquisition Act, 1894. The petitioners being aggrieved by the amount of compensation given, they submitted a Reference Application dated 30.1.2015 under Section 18 to the Special Land Acquisition Officer, Project Implementation Unit, Public Works Department, Mizoram. While the petitioners were expecting the said Special Land Acquisition Officer to refer the petitioners' reference application to the Civil Court, they were surprised to learn that the Special Land Acquisition Officer did not refer the petitioners' reference application to the Civil Court on the ground that the petitioners' lands were acquired under an agreed price vide agreements made by the parties. As such, they were not allowed to make a claim for compensation beyond the agreed price, in violation of the agreements made.

(3.) The petitioners' counsel submits that the present petition has been filed by the petitioners praying for a direction to be issued to the respondent No. 4 to refer the petitioner's reference application dated 30.1.2015 under Section 18 of the LA Act, 1894 to the Civil Court at Aizawl.