THE UNION OF INDIA REPRESENTED BY DEFENCE SECRETARY, MINISTRY OF DEFENCE GOVT. OF INDIA, NEW DELHI Vs. LALPARMAWII W/O LALRINAWMA RALTE (L), R/O CHALTLANG SALEM VENG, AIZAWL

JUDGEMENT

(1.) Heard Mr. B. Pathak, counsel for the appellants in RFA No. 1 of 2009 & RFA No. 2 of 2009. Also heard Mr. C. Lalramzauva, learned senior counsel assisted by Mrs. K. Lalramnghaki, counsel for the private respondents/plaintiffs in RFA No. 1 of 2009 and RFA No.2 of 2009 and Mr. A.K. Rokhum, learned Addl. Advocate General for the State Government in RFA No. 1 of 2009 & RFA No.2 of 2009.

(2.) These 2 (two) cases are being disposed of by a common judgment.

(3.) The case in brief is that the private respondents/plaintiffs are owners of lands covered by Land Settlement Certificates located within the Bawngkawn Brigade area. The Armed Forces occupied the petitioners' lands from 1966 without the owners consent. The private respondents/plaintiffs were given rental compensation for occupation of their lands by the Armed Forces for the period from 1966 to 31.8.1986. However, as no rental compensation had been given by the Armed Forces for occupation of the private respondents lands for the subsequent period from 1.9.1986, the private respondents/plaintiffs filed Civil Suit No. 20 of 2006 and Civil Suit No. 21 of 2006 praying that the plaintiffs should be given rental compensation for occupation of their lands by the Armed Forces with effect from 1.9.1986 till vacant possession of their lands were given.