UNION OF INDIA Vs. K. CHALKHUMA

JUDGEMENT

(1.) Heard Mr. Subhash Chandra Keyal, learned Asstt. SGI, assisted by Ms. Zairems--angpuii, learned CGC for the appellants. Also heard Mr. T. Lalnunsiama, learned counsel for the respondent Nos. 1 and 2 and Mr. Samuel Vanlalhriata Chhangte, learned Government Advocate appearing for the respondent Nos. 3 to 7.

(2.) By the impugned judgment and order dated 10.07.2007 the present appellants were directed to pay Rs. 5,00,000/- (Rupees Five Lakhs) to the legal representatives of both the original plaintiffs and to give vacant possession of the land involved in the case to those two plaintiffs within a period of 6 (six) months from the date of issue of the said order, with the observation that if the present appellants fail to hand over the vacant possession of the said land of the plaintiffs within the said time of 6 (six) months, in that event, the plaintiffs are at liberty to approach the appropriate forum for their adequate reliefs.

(3.) The contention of the plaintiffs in the said Declaratory Suit No. 3/1998 is that as per the direction of the Revenue Department, at Lunglei, the Village Council, Tawipui 'N' earmarked two plots of land for the plaintiffs at Tawipui 'N' in the month of January 1971 over which they immediately planted large numbers of Trees and Fruit bearing plants including pineapple, orange, plantain, etc. The authorities concerned in the year 1972 vide Nos. 104/L of 1972 and 105/L of 1972 respectively issued permit for the said land to both the plaintiffs. But in the beginning of the year 1973, the personnel's of the BRTF (Border Road Task Force) under 'Project Pushpak' had occupied the said land of the plaintiffs and damaged all their plants and trees over it that were planted by them. In their said plaint, the plaintiffs also stated that in March 1973 the defendants/present appellants constructed a permanent workshop within their said land without their consent and permission and that they are in continuous possession of the said land. The plaintiffs also stated that the Asst. Settlement Officer, Lunglei District, Lunglei converted their said permits bearing Nos. 104/L and 105/L of 1972 to Periodic Pattas Nos. 562/1977 and 300 of 1997 respectively and validity of those Periodic Pattas have been renewed from time to time till the filing of the said Suit and they have also paid the necessary tax as and when it were due and cleared all the Taxes till the filing of the said Suit.