LAWS(GAU)-2017-8-63

JONE Vs. STATE OF MIZORAM

Decided On August 18, 2017
Jone Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, learned senior counsel assisted by Ms. Emily L.Chhangte, learned counsel for the applicants/writ petitioners. Also heard Ms. Linda L. Fambawl, learned Government Advocate for the State respondents Nos. 1 to 3 and Ms. Zaiem--sangpuii, learned CGC for the respondent No.4.

(2.) The applicants as writ petitioners preferred WP (C) No. 2/2015, stating that their land were acquired under the Land Acquisition Act, 1894 as amended for the purpose of construction of Indo-Bangla Border fencing from Marpara to Borapansuri in Lunglei District of the State that includes the land at Siliguri- II, Nunsury, Bindasora, Tablabagh, Malsuri, and Devasora villages. For the said purpose, Notification under Section 4 of the L.A. Act was issued on 06.11.2006 and the Collector cum Deputy Commissioner, Lunglei, prepared the Draft Award No. 1/2009 determining compensation for acquisition of land involved on said Award at Rs. 4,12,15,007/-, which was approved by the Government in the Revenue Department of the State on 08.05.2009. It is stated that the respondents Union of India in the Ministry of Home Affairs and the Engineering Project India Limited had already taken over possession of the land involved in the said case.

(3.) Some of the land owners whose land were also acquired for the same purpose for whom compensation was awarded by the Deputy Commissioner cum District Collector, Lunglei in the Award Nos. 2/2008, 3/2008 and 2/2009 preferred a reference petition under Section 18 of the L.A. Act and their such petitions on being referred, the Additional District Judge, Lunglei Judicial District, Lunglei vide Judgment and Order dated 13.07.2009 passed in their reference case being L.A. Case No. 1/2009 allowed the prayer of the claimants of said reference case holding that they are entitled for the benefit of statutory interest under Section 23(1A) and solatium under Section 23(2) of the L.A. Act and directed the District Collector, Lunglei to make assessment for necessary payment of said statutory benefits to the claimants of the said reference case i.e. L.A. Case No. 1/2009.