NORTHERN FRONT RAILWAY Vs. SH. ZODINDANGA

JUDGEMENT

(1.) Heard Mr. Ali Hussian, standing counsel, Northern Front Railway for the appellant. Also heard Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. H. Lalmalsawmi, learned counsel for the Opposite Party No. 1/Claimant/Petitioner. And Mr. Samuel Vanlalhriata Chhangte, learned Government Advocate for the Opposite Parties No. 2 and 3.

(2.) The appellant NF Railway has preferred this appeal against the Judgment and Award dated 19.03.2014 passed by learned Additional District Judge (ADJ, in short), Aizawl Judicial District, Aizawl in Land Acquisition Case No. 10/2012 by which the learned reference Court directed the District Collector, Kolasib, Opposite Party No. 2 herein to reassess the value of the land covered by LSC No. 4/2005 that belongs to the Opposite Party No. 1 @ of Rs. 68/- per square foot for an area of 61,009 square feet within one month from the date of receipt of the said order and also directed N.F. Railway, the present appellant, to pay within a period of two months thereafter, the amount that the District Collector, Kolasib so arrived after such reassessment. By the said judgment and award dated 19.03.2014 learned Reference Court further directed the District Collector, Kolasib to pay solatium @ @ 30 % on the compensation show assessed as per Section 23 (2) of the Land Acquisition Act along with interest @ 12 % per annum from the date of Notification under Section 4 of the LA Act i.e. 2nd August, 2011 to the date of the Award/Approval of the Award dated 24.05.2012 as per Section 23(1-A) of the LA. Act, with the observation that the compensation amount that he had already received should be deducted at the time of making further payment to the Opposite Party No. 1.

(3.) The brief facts of the case is that the State Government in the Land Revenue and Settlement Department vide Notification dated 02.08.2011, under Section 4 (1) of the Land Acquisition Act, 1894 as amended and Declaration dated 24.01.2012, under 6 of the said Act acquired land measuring 19,9954 Hectares at Bairabi Village Council area under Kolasib District of Mizoram for the public purpose, i.e. construction of railway line of N.F. Railway from Bairabi to Sairang.