Sh. Rinzuala and 68 Ors v. State of Mizoram and 8 Ors

Page No.# 1/11 GAHC030002372023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/47/2023 Sh. Rinzuala and 68 Ors. S/o Khetrojoy R/o Rajtali, Kolasib District 2: Sh. Lalengkimtitheia S/o Thansiama Kolasib District. 3: Sh. Lungmuana S/o Thansiama 4: Smt. Lallungliani D/o Thansiama 5: Sh. Vanlalthlana S/o Ramsadu Kolasib District. 6: Smt. Thiamchawngi D/o Thangpuii Kolasib District. 7: Sh. Ononjoy S/o Ramsadi Kolasib District. Page No.# 2/11 8: Sh. Nil Bahadur S/o Ronjon Kolasib District. 9: Sh. Ramba S/o Bancharai 10: Sh. Ramzauva S/o Birmohan 11: Sh. Daia S/o Luaicha 12: Sh. Nobiram S/o Dosanga

13: Sh. Lalchawimawia S/o Tlangsan Hmar 14: Sh. Kapmawia S/o Bijoy 15: Sh. Tlangsan Hmar S/o Zathuama 16: Sh. Tlangsan Hmar C/o Lalruata 17: Sh. Rinchhana S/o Ramsadu Page No.# 3/11 18: Sh. Vuana S/o Buaikhonto 19: Sh. Manjarung S/o Monchoring 20: Sh. Satirai S/o Bijoy 21: Sh. Lawmkima S/o Horena 22: Sh. Lawmkima S/o Horendo 23: Sh. Zorinkima S/o Khetrojoy 24: Sh. Dula S/o Durachha 25: Sh. Mohindro S/o Sobiram 26: Sh. Mohindro C/o P.L Zohmingliana S/o Sobiram Page No.# 4/11 27: Sh. Dosanga S/o Bijoy 28: Sh. Nokorai C/o Zodinsanga S/o Khetrojoy 29: Sh. Rammawia S/o Robia 30: Sh. Dobola S/o Mirtojoy 31: Sh. Budasingh S/o Kornojoy 32: Sh. Nokurai S/o Khetrojoy R/o Rajtali Kolasib District 33: Sh.Taiduha S/o Daruka 34: Sh. Lalengkima S/o Masarai 35: Sh. Nasarung S/o Nisia 36: Sh. Joela C/o Vanlalruata Page No.# 5/11 S/o Saduhai 37: Sh. Muanpuia S/o Monia 38: Sh. Ropuia S/o Zangula 39: Sh. Nisia S/o Bisarai 40: Sh. Ramliana S/o Golduram 41: Sh. Mungoti S/o Jujendro 42: Sh. Melkoram S/o Dorchoram 43: Sh. Boikhanto S/o Monba 44: Sh. Linjorai S/o Kesoh 45: Sh. Chandiram S/o Dohoram Page No.# 6/11 46: Sh. Chotoino S/o Baronjoy 47: Sh. Chotoino S/o Matingi 48: Sh. Burdirram S/o Norendro 49: Sh. Nadurai S/o Bijoy 50: Sh. Subidra S/o Horendro 51: Sh. Rangnangti S/o Raimona 52: Sh. Jobinti C/o Biakhluni R/o Kolasib Mizoram 53: Smt. Manui D/o Ronjona 54: Sh. Lalhmangaiha S/o Dappharai 55: Sh. Dilcham S/o Kesoh Page No.# 7/11 56: Sh. Nironjon S/o Ramzauva R/o Hortoki 57: Sh. Lalfakzuala C/o Raimona 58: Smt. Zothanpuii W/o Ngurchhuanmawia R/o Kolasib Mizoram. 59: Sh. Ngurchhuanmawia S/o S.K Sanga R/o Kolasib Mizoram. 60: Sh. Vanlalhruaii C/o Zothanga R/o Kolasib Mizoram. 61: Smt. Lalduhveli D/o S.K Sanga R/o Kolasib Mizoram 62: Sh. S.K Sanga S/o L.T. Zauva R/o Kolasib 63: Sh.Lalhmingliana S/o S.K Sanga R/o Kolasib 64: Sh.Lalzawmliana S/o Rengzika

R/o Hortoki 65: Sh.Liporjoy Page No.# 8/11 C/o Remthangi R/o Rajdali

Mizoram. 66: Sh.Kholoti C/o Tlanmawii R/o Kolasib Mizoram. 67: Sh. Lalngilneia S/o Golkoram R/o Rajdali 68: Sh. Chotoino S/o Boronjoy R/o Rajdali 69: Sh. Lalfakzuala S/o Lungsenham R/o Rajdali Kolasib Distric VERSUS State of Mizoram and 8 Ors. R/b the Chief Secretary to the Govt. of Mizoram, Aizawl. 2:The Secretary to the Govt. of Mizoram Land Revenue and Settlement Department Aizawl Mizoram. 3:The Director Land Revenue and Settlement Department Govt. of Mizoram Aizawl Mizoram. 4:The District Collector / District Commissioner Kolasib Mizoram. 5:The Union of India R/b the Secretary Railway Board Page No.# 9/11 Ministry of Railways Govt. of India Rail Bhavan Raisina Road New Delhi. 6:The Northeast Frontier Railway R/b its General Manager (Construction) Maligaon Guwahati Assam - 781012. 7:The Chief Administrative Officer (Construction-I) Northeast Frontier Railway Maligaon Guwahati - 781012. 8:The Chief Engineer (Construction-II) Northeast Frontier Railway Maligaon Guwahati - 781012. 9:. The Deputy Chief Engineer (Construction) Bairabi at Silchar Northeast Frontier Railway Silchar Cachar Assam-788003 Advocate for the Petitioner : Mr. Jonathan L Sailo Advocate for the Respondent : Addl. AG/GA, Mizoram for R1 - 4

B E F O R E HON'BLE MR. JUSTICE NELSON SAILO

15.05.2023

Heard Mr. Jonathan L Sailo, learned counsel for the petitioners and also Mr. P.C Lalthangmawia, learned Government Advocate appearing for the respondent Nos. 1 to 4 and Ms. Zairemsangpuii, learned CGC appearing for respondent Nos. 5 to 9. Page No.# 10/11 [2.] Although the matter is listed for motion today but having regard to the nature of case projected by the petitioners, the same is taken up for disposal at this stage. [3.] The claim of the petitioners is that their land was acquired by the NF Railway for construction of railway line from Bairabi to Sairang under Draft Award No. 1/2012 (Part-C Hortoki) dated 13.09.2012. The acquisition was done under the provisions of the Land Acquisition Act, 1894 (LA Act). [4.] According to the petitioners, possession of their land was taken over by the District Collector, Kolasib and was handed over to the North East Frontier Railway vide certificate of possession dated 13.3.2013. However, the petitioners were not paid any compensation towards the market value on their land except for compensation towards crops. Therefore, they filed a reference application and the same was registered as LA Case No. 4/2013. The reference application was disposed of by the L.A Judge vide judgment & award dated 31.01.2017 by awarding the petitioners land value @Rs. 25 per Sq.ft along with solatium and interest under Section 23 of the LA Act. It is the case of the petitioners that due to the enhancement of the award, they are entitled to be paid interest as per Section 28 of the LA Act. The same, however, was not considered, calculated and paid to them. As such, they are before this Court. [5.] Mr. Jonathan L Sailo, learned counsel submits that in a case of similar nature i.e. WP(C) No. 115/2022 in respect of Draft Award No. 1/2012 (Part-C Hortoki), this Court vide Order dated 25.10.2022 disposed of the writ petition by directing the District Collector, Kolasib to examine the claims of the petitioners therein under Section 28 & 34 of the LA Act and if it was found that the petitioners were entitled for payment of interest, the same was directed to be paid by the acquiring authority within a time framed. He therefore submits that a similar order may be passed in the present case. [6.] I have heard the learned counsels for the rival parties and I have perused the materials available on record including the earlier order of this Court dated 25.10.2022 Page No.# 11/11 passed in WP(C) No. 115/2022, which is in Annexure-11 of the writ petition. I, therefore, find that this writ petition is squarely covered and can be disposed of in a similar line. [7.] In view of above, this writ petition is disposed of to the direction to the District Collector, Kolasib to examine the claim of the petitioners for payment of interest under Section 28 of the LA Act and if the same is found that the petitioners are entitled for payment of interest, appropriate assessment should be made. Such an exercise should be undertaken and completed within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. Once the assessment is made, the District Collector, Kolasib shall forward the same to the respondent NF Railway i.e. respondent Nos. 5 to 9 and the said respondents shall make necessary arrangement of the required fund, within a period of 6 (six) weeks from the date of receipt assessment of the District Collector, Kolasib and deposit the same before the District Collector, Kolasib. The amount so deposited shall be released to the writ petitioner without delay.

JUDGE Comparing Assistant