Rokhawli (L) R/B Lalthuammawia Fanai v. Lalnunmawia Chuango and 8 Ors

ORDER Date : 28.04.2023 Heard Mr. Lalfakawma, learned counsel for the petitioner and Mr. Zoramchhana, learned counsel for the respondent Nos. 5, 6 & 7. No one appeared for the remaining Page No.# 4/4 respondents. This contempt petition has been filed alleging willful and deliberate violation of this Court's Order dated 12.10.2020 passed in WP(C) No. 49/2018. The writ petition was disposed of by directing the petitioner to approach the District Collector, Kolasib with an application for determination of amount of compensation due to her for the damages sustained due to the proposed acquisition of her land. The determination was directed to be done in terms of Section 48 (2) of the Land Acquisition Act, 1894 (LA Act). The District Collector, on receiving the application was directed to make necessary verification and to give opportunity to all the stake holders, importantly, the FCI and in the event damages were found to make appropriate assessment. As directed, the District Collector, Kolasib caused a verification over the land of the petitioner but was unable to ascertain whether any damage has been caused or not. At the same time, according to the FCI authority, no damage was caused to the land of the petitioner but the petitioner has denied the same. At this stage, Mr. Lalfakawma, learned counsel for the petitioner submits that in view of the disputed questions of fact which has arisen in the process of the verification, he may be allowed to withdraw the contempt petition and the petitioner be permitted to avail any remedy available to her in law. In view of the above development and the prayer made, the contempt petition stands closed.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC030000862021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/4/2021 Rokhawli (L) r/b Lalthuammawia Fanai BAIRABI, KOLASIB VERSUS Lalnunmawia Chuango and 8 Ors CHIEF SECRETARY TO THE GOVT. OF MIZORAM 2:R. ZARZOSANGA THE SECRETARY LAND REVENUE AND SETTLEMENT DEPT Advocate for the Petitioner : Mr. Lalfakawma Advocate for the Respondent : Ms. Mary Lalruatkimi Khiangte (Addl.AG/G.A. Mizoram) for R3 & R8 Linked Case : I.A.(Civil)/126/2022 Joseph Zarzoliana Bairabi. Kolasib District VERSUS Sh. Lalnunmawia Chuaungo 2:Sh. R. Zarzosanga Secretary Land Revenue and Settlement Deptt. 3:Dr. H. Lalthangliana DC Kolasib Dist. Page No.# 2/4 Kolasib 4:Sh. Sanjiv Kumar I.A.S. Chairman-cum-Managing DIrector FCI New Delhi 5:Sh. M.K. Gogoi Executive Director FCI North East Zonal Office Guwahati 6:Sh. P.N. Singh General Manager(R) FCI NEF Regional Office Shillong 7:Smt. Zodinpuii Ralte Area Manager FCI District Office Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : Linked Case : I.A.(Civil)/129/2022 Rokhawli r/b Joseph Zarzoliana Bairabi VERSUS Lalnunmawia Chuaungo Chief Secretary to the Govt. of Mizoram and 6 Ors. 2:Sh Zarzosanga Secretary Land Revenue and Settlement Dept. Page No.# 3/4 Govt. of Mizoram 3:Dr H.Lalthangliana District Collector/ Deputy Commissioner Kolasib Dist. Kolasib 4:Sh Sanjiv Kumar IAS Chairman-cum-Managing Director Food Corporation of India New Delhi 5:Sh M.K. Gogoi Executive Director Food Corporation of India North Est Zonal Office GL Publication Building Ulubari Guwahati 6:Sh P.N. Singh General Manager (R) Food Corporation of India NEF Regional Office Jowai Road PO Laitumkhrah Shillong-3 7:Smt Zodinpuii Ralte Area Manager Food Corporation of India District Office Tuikhuahtlang Hill Side Building Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : Ms. Mary Lalruatkimi Khiangte for R-3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO