M THANGI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Civil Procedure Code (for short the code) is preferred against the judgment and order dated 31.3.2008 passed by District Judge, Aizawl District, Aizawl in RFA No. 10 of 2007. For the purpose of decision of this appeal the following substantial questions of law have been formulated by this Court after hearing the parties at length :

(2.) TO answer these above substantial questions of law it would perhaps be appropriate for this Court to make a survey of the facts briefly, which may be placed as under : The appellant herein is the owner and possessor of a plot of land measuring 20,000 sq. metre covered by LSC No., PC/LS-54/89 dated 19/9/1989 situated in the District of Chhimtuipui, Saiha within Lai Autonomous District Council, Lawngtlai. The aforesaid LSC was issued in suppression of the earlier LSC No. PC/LS-10/82 of 20/3/1982. The appellant had been in possession of the aforesaid land since 1975. In the year 1982 the defendant No. 3, respondent No. 3 herein without knowledge and permission damaging number of crops and food bearing trees occupied the aforesaid land without paying any compensation whatsoever. The appellant, therefore, filed the writ petition being No. W.P. (C) No.63 of 1999 against the respondents herein for a direction to pay compensation and rental charges to the appellant as assessed by Deputy Commissioner, Chhimtuipui District, Saiha basing on the assessment report submitted by Sr. Revenue Officer, Pawi Autonomous District Council, Lawngtlai now popular known as Lai Autonomous District Council, Lawngtlai under his letter dated 27.9.1996 to the Deputy Commissioner, Chhimtuipui and further direction to the respondents for assessment and payment of rental charges for the period of occupation not covered by assessment report. The respondents resisted the writ petition by filing counter affidavit stating that 71 Road Construction Company (for short '71 RCC, C/o. 99 APO') is the unit of Border Road Task Force (BRTF) under the Ministry of Road Transport and Highways, Union of India and they are assigned with the function of construction, development and maintenance of road network in Mizoram under project "Pushpak". Respondent No. 3 was granted permission by the village council in 1981 for camping of manpower and machinery engaged in road construction activities of Lawgtlai-Diltang-Parva Road (for short 'LDP Road'). It is also claimed in their counter that then Pawi Autonomous District Council renamed as Lai Autonomous District Council granted a Land Donation Certificate vide memo No. 11017/3/85-PDC (E) dated 17/7/1985 for an area of 16,291 sq. metre of land at Km 45, LDP road and four other points at Pawi District Council area. However, the said land donation certificate was cancelled without giving any notice to the respondents and declared null and void by an order dated 15.4.1997 of the Executive Member, in-charge, Lai Autonomous District Council, Lawngtlai on the ground that said Land Donation Certificate could not be issued in respect of the land which has already been settled with the appellant and thereby confirming the LSC issued in her favour.

(3.) BEING aggrieved and dissatisfied with the judgment and decree as aforesaid the respondents herein filed an appeal bearing RFA No. 10 of 2007 and the appellate Court by a judgment and order dated 31.3.2008 set aside the judgment and decree of the trial Court and remanded the suit to the learned trial Court with a direction to implead Lai Autonomous District Council (for short LADC) as one of the parties to the suit with a liberty to frame issue (s) depending upon the pleadings of the LADC and also on the point of limitation and adduce additional evidence, if necessary. Hence this second appeal.