SMT. SAIKHUMI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. L.H. Lianhrima, the learned senior counsel assisted by Ms. H. Lalmalsawmi, learned counsel for the petitioner as well as Mrs. Linda L. Fambawl, the learned Government Advocate, Mizoram on behalf of all the respondents.

(2.) The case of the petitioner in brief is that the petitioner was allotted a Periodic Patta covering an area of 15135.50 square metre located at Saihapui in the District of Kolasib. Subsequently, the Periodic Patta was converted into Agricultural Land Settlement Certificate (Agricultural LSC) registered as LSC No. 101707/09/11 of 2000 covering the same area. The learned senior counsel for the petitioner submits that since the issuance of the Periodic Patta as well as the Agricultural LSC, the petitioner has been looking after the land and paying the due tax and fee as fixed by the State respondents from time to time.

(3.) The learned senior counsel submits that in the year 1989, the Public Works Department (PWD) started construction of motorable road over her land without her permission devastating the plantation and thereby causing loss of her earning from her land. Likewise, the Forest Department of the State also removed sand from her land without her permission. The representation of the petitioner having not been favourably considered by the respondent authorities, the petitioner filed other Suit No. 2/1996 before the Court of the Senior Civil Judge, Aizawl. The suit was finally disposed of by the learned Senior Civil Judge vide Judgment and Order dated 109.2012 with a direction to the Public Works Department to acquire the land used for constructing the motorable road and for this purpose the Revenue Department of the State was directed to make an assessment of the land value in respect of the portion of the land where the road was constructed.