OIL INDIA LIMITED Vs. RINMAWIA

JUDGEMENT

(1.) Heard Mr. Surendra Nath Sarma, learned senior counsel, assisted by Mr. Angshuman Sarma, learned counsel appearing for the appellant. Also heard Ms. H. Lalmalsawmi, learned counsel appearing for the respondent/claimant Nos. 1 to 4 and Ms. Linda L Fambawl, learned Government Advocate for the proforma respondent No. 5.

(2.) Being aggrieved and dissatisfied with the Judgment and Order dated 14.03.2016, passed by the learned Additional District Judge, Aizawl Judicial District, Aizawl, Mizoram in LA Case No. 40(A) of 2013, the Oil India Limited, the beneficiary, for whom the land involved in the case was acquired, has preferred this appeal under Section 54 of the Land Acquisition Act, 1894 as amended (L.A. Act, in short) read with Section 96 and Order 41 Rule 1 of the Code of Civil Procedure.

(3.) The appellant is aggrieved as in the LA Case No. 40(A) of 2013 the Reference Court, i.e. the Court of learned Additional District Judge, Aizawl Judicial District, Aizawl, Mizoram, by the impugned Judgment and Order dated 14.03.2016 not only accepted the Reference made by the respondent Nos. 1 to 4, but also allowed them the market value of land @ Rs. 12/- per square foot (sq.ft., in short), with interest @ 12% per annum under Section 23(1-A) of the L.A. Act 1894 as amended and also Solatium @ 30% under Section 23(2) of the said Act, both on the market value of their respective area of land, directing the District Collector-cum-Deputy Commissioner, Aizawl District, Aizawl, the respondent No. 5 to assess the same within a period of two months from the date of said judgment and order dated 14.03.2016 and further, directed the appellant to satisfy the said amount so calculated by the District Collector, Aizawl within a period two months, with the observation that the said amount shall be disbursed by the District Collector, Aizawl to the plaintiff (claimants)/ respondents No. 1 to 4 herein.