ANONTO BIKASH Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, the learned counsel for the petitioners as well as Mr. Priyangshu Goswami, the learned counsel for the respondent No. 5. None appears for the other respondents, although the respondent Nos. 1, 2 and 3 were represented by the State Counsels on earlier Court dates and the respondent Nos. 4 and 6 were also represented by Ms. Zairemsangpuii, the learned CGC.

(2.) The respondent Nos. 1, 2 and 3 have filed their affidavit-in-opposition through the Under Secretary to the Government of Mizoram, Land Revenue & Settlement Department on 20.03.2018. As for the respondent Nos. 4 and 6, the learned CGC on earlier occasion, submitted that the said respondents will be relying upon the affidavitin-opposition of the respondent No. 5. As such, the writ petition is taken up for final disposal.

(3.) By filing this writ petition, the petitioners have claimed payment of interest and solatium in accordance with Sec. 23 (1A) and 23 (2) of the Land Acquisition Act, 1894 (L.A. Act) for acquisition of their lands by Award No. 3/2008. They also seek further interest under Sec. 34 of the L.A. Act. For the construction of Indo-Bangla- Border Road-Cum-Fencing, the lands of the petitioners were acquired through the Deputy Commissioner-Cum-District Collector, Lunglei District, Lunglei (respondent No. 3). The work was to be executed by the respondent No. 5 and the fund towards the compensation for the land acquired was to be given by the respondent Nos. 4 and 6. The respondent No. 3 vide Draft Award No. 3/2008, awarded the petitioners a total compensation of Rs. 11,17,100.00 along with a sum of Rs. 5000.00, towards administrative cost and stationary. The award was pronounced on 24.09.2008 and was approved by the State Government, which was communicated to the respondent No. 3 by the Under Secretary to the Government of Mizoram, Revenue Department on 05.11.2008.