Sh. H. Lalnunmawia and 106 Ors v. The State of Mizoram R/B the Chief Secretary to the Govt. of Mizoram, Aizawl and 8 Ors

ORDER

11.08.2023

Heard Mr. Jonathan L. Sailo, learned counsel for the petitioners. Also heard Ms. Mary L. Khiangte, learned Government Advocate appearing for the respondent Nos. 1 to 4 and Ms. Zairemsangpuii, learned CGC appearing for respondent Nos. 5 to 9.

¶2The petitioners herein have made a prayer for grant of interest under Page No.# 14/20 Section 34 of the Land Acquisition Act, 1894, hereinafter referred to as the"LA Act, 1894", on the compensation awarded on acquisition of their lands in pursuance to Award No. 1/2012 (Part 'C', Hortoki) dated 13.09.2012.

¶3The case of the petitioners is that their lands had been acquired for construction of a railway line from Bairabi to Sairang. As the compensation had been awarded/given only for crops in terms of Award No. 1/2012 (Part 'C', Hortoki), the petitioners along with other landowners, whose names were included in Award No. 1/2012 (Part 'C', Hortoki), filed an application under Section 18 of the LA Act, 1894, claiming payment of compensation for the value of their lands. The said reference application was referred to the Principle Civil Court (Reference Court), wherein it was registered as LA Case No. 30/2014.

¶4LA Case No. 30/2014 was thereafter disposed of by the Reference Court, vide Judgment & Award dated 05.02.2015, by awarding compensation to the petitioners for the value of their lands and by observing that they were entitled to claim payment of interest under Section 28 & 34 of the LA Act, 1894.

¶5Thereafter Civil Miscellaneous Application (CMA) No. 114/2018 in LA Case No. 30/2014 was filed by some of the persons who were petitioners in LA Case No. 30/2014, wherein the claim for payment of interest under Sections 28 & 34 of the LA Act, 1894 was made. The learned Reference Court disposed of CMA No. 114/2018, vide Judgment & Order dated 25.07.2018, by directing the District Collector, Kolasib to make an assessment for payment of interest under Section 28 of the LA Act, 1894 from 04.03.2013 (date of possession) to

04.03.2014 @ 9% per annum w.e.f. 05.03.2014 to 21.11.2015. The learned Reference Court further directed the District Collector, Kolasib to assess interest Page No.# 15/20 under Section 34 of the LA Act @ 9% per annum w.e.f. 04.03.2013 to

04.03.2014 and interest @ 15% per annum from 05.03.2014 to 21.11.2015.

¶6The petitioners herein, who were not parties in CMA No. 114/2018, filed Review Petition No. 2/2018 arising out of LA Case No. 30/2014, claiming payment of interest under Section 28 & 34 of the LA Act, 1894 in terms of the Judgment & Order dated 25.07.2018 passed in CMA No. 114/2018, as they were similarly situated persons, having been parties in LA Case No. 30/2014.

¶7The Reference Court disposed of Review Petition No. 2/2018 vide Judgment & Award dated 27.05.2019, by coming to a finding that the petitioners herein were entitled to payment of interest under Section 28 & 34 of the LA Act, 1894, for acquisition of their lands in connection with Award No. 1/2012 (Part 'C', Hortoki). The learned Reference Court thereafter directed the District Collector, Kolasib to make assessment for payment of interest under Section 28 & 34 of the LA Act, 1894, in terms of the Judgment & Order dated

25.07.2018 passed in CMA No. 114/2018. In pursuance to the Judgment & Award dated 27.05.2019 passed in Review Petition No. 2/2018, the District Collector, Kolasib made an assessment of the interest payable to the petitioners under Section 28 & 34 of the LA Act, 1894 and vide letter No. RP. No. 2/2018 A/o LA 30/2014 (AZL)-DC(K)/5 dated 29th August, 2019, directed the respondent No. 9 to make payment of interest under Section 28 & 34 to the petitioners.

¶8As no payment was being made in terms of the assessment made by the District Collector, Kolasib and the letter issued by him on 29.08.2019, the Page No.# 16/20 petitioners filed Execution Case No. 28/2020 arising out of Review Petition No. 2/2018, before the Court of the Additional District & Sessions Judge-III, Aizawl. The learned Executing Court, vide Order dated 24.01.2022, closed the execution case, by directing the petitioners herein to file a fresh execution petition, after submitting an accurate and effective mode for execution of the order passed by the learned Reference Court in Review Petition No. 2/2018 and the assessment made by the District Collector, Kolasib.

¶9The petitioners being aggrieved with the closure of the execution case by the Executing Court filed Civil Revision Petition No. 2/2022 before this Court. CRP No. 2/2022 was disposed of vide Order dated 04.11.2022, by setting aside the Order dated 24.01.2022 closing the Execution Case No. 28/2020 and directing the Executing Court to expedite disposal of the execution case.

¶10Subsequent to the above facts, the Union of India filed WP(C) No. 30/2023, challenging the Judgment & Award dated 27.05.2019 passed by the learned Reference Court in Review Petition No. 2/2018 arising out of LA Case No. 30/2014. The Judgment & Award dated 27.05.2019 was challenged on the ground that interest under Section 28 & 34 of the LA Act could not be awarded by a Reference Court and the same could only be awarded in a writ petition filed under Article 226 of the Constitution, in terms of the decision of the Supreme Court in Union of India & Anr. Vs. Pushpavathi & Ors., reported in 2018 3 SCC

28.

¶11WP(C) No. 30/2023 was disposed of vide Order dated 25.05.2023, in pursuance to the judgment of the Supreme Court in Union of India & Anr. Vs. Page No.# 17/20 Pushpavathi & Ors. (Supra), by setting aside theJudgment & Award dated

27.05.2019 passed in Review Petition No. 2/2018. The consequential assessment made by the District Collector, Kolasib pursuant to the Judgment & Award dated 27.05.2019 passed in Review Petition No. 2/2018 was also set aside.It however held that there would be no bar for the petitioners herein to claim interest payable to them under Sections 28 & 34 of the LA Act, 1894, in appropriate proceedings as may be permissible in law.

¶12The petitioners herein thereafter filed WP(C) No. 59/2023 claiming payment of interest under Section 28 of the LA Act, 1894. WP(C) No. 59/2023 was disposed of vide Order dated 01.06.2023, by holding that as the Union of India had admitted to the petitioners being entitled to interest under Section 28 of the LA Act, they were entitled to receive the same. Accordingly, the District Collector, Kolasib was directed to make assessment on the entitlement of the petitioners, for payment of interest under Section 28 of the LA Act, which was thereafter to be paid to the petitioners.

¶13The counsel for the petitioners submits that in compliance with the Order dated 01.06.2023 passed in WP(C) No. 59/2023, the District Collector, Kolasib has made a fresh assessment for payment of interest under Section 28 of the LA Act, 1894 and the same has been sent to the respondent Nos. 5 to 9 for payment. He submits that the payment on the said assessment has not been made till date.

¶14The counsel for the petitioners submits that all the land owners, whose lands were acquired under Award No. 1/2012 (Part 'C', Hortoki), have all been paid interest under Section 34 and it is only the petitioners herein who have not Page No.# 18/20 been paid interest under Section 34 of the LA Act, 1894. He submits that the persons who were parties in CMA No. 114/2018 have been given interest under Section 34 of the LA Act, 1984 @ 9% per annum from 04.03.2013 (date of possession) to 04.03.2014 @ 15% per annum w.e.f. 05.03.2014 to 21.11.2015 (date of payment). The payment for the same was made on 07.01.2019. He accordingly submits that the petitioners should also be granted interest under Section 34 of the LA Act, 1894, as they are similarly situated persons.

¶15Ms. Mary L. Khiangte, learned Government Advocate for the respondent Nos. 1 to 4 submits that she has got no comments to make in this case.

¶16Ms. Zairemsangpuii, learned CGC for the respondent Nos. 5 to 9 submits that the petitioners herein have now approached this Court for payment of interest under Section 34 of the LA Act, in view of the Order dated

25.05.2023 passed in WP(C) No. 30/2023, which in turn had been made in pursuance to the Judgment of the Supreme Court in Union of India & Anr. Vs. Pushpavathi & Ors. (Supra). She submits that similarly situated persons as the petitioners, who were all included in Award No. 1/2012 (Part-C Hortoki) and were parties to LA Case No. 30/2014,have received interest under Section 34 of the LA Act, 1894.She also submits that she does not have any further comments to make in this matter.

¶17I have heard the learned counsels for the parties.

¶18The facts of the case, as indicated in the foregoing paragraphs, clearly shows that the petitioners are similarly situated as those persons who have Page No.# 19/20 received interest under Section 34 of the LA Act, inasmuch as, they were all included in Award No. 1/2012 (Part 'C', Hortoki), besides being parties in LA Case No. 30/2014. The compensation amount for the crops and lands have also been given to them at the same time. However, the petitioners have not been given interest under Section 34 of the LA Act, 1894 as they were not parties in CMA No. 114/2018. Thus, the petitioners had filed Review Petition No. 2/2018. The learned Review Court had thereafter awarded interest under Section 34 of the LA Act, 1894 to the petitioners. However, due to the Order dated 25.05.2023 passed in WP(C) No. 30/2023, the Judgment & Award passed in Review Petition No. 2/2018was set aside by this Court vide Order dated 25.05.2023, in view of paragraph No. 41 of the Judgment of the Supreme Court in Union of India & Anr. Vs. Pushpavathi & Others (Supra),wherein it has been stated as follows:- "41. In the light of the foregoing discussion, we are of the considered opinion that the dispute in relation to non-award of interest can be raised by an aggrieved person only by taking recourse to Article 226 of the Constitution in writ petition. In other words, reference under Section 18 or Section 28-A(3) cannot be considered to be an alternative statutory remedy available to the landowner for getting the question of non-award of interest payable under Sections 28 or/and 34 of the Act decided by the civil court."

¶19This Court, vide Order dated 25.05.2023 passed in WP(C) No. 30/2023 had however stated that there would be no bar for the petitioners to claim interest under Sections 28 & 34 of the LA Act, in appropriate proceedings as permissible in law. As such, the petitioners have approached this Court under Article 226 of the Constitution, praying for payment of interest under Section 34 Page No.# 20/20 of the LA Act, 1894. As can be seen from the documents on record, the persons who are parties to CMA No. 114/2018 and who are similarly placed as the petitioners have been given interest under Section 34 of the LA Act, 1894 on

07.01.2019. As it is an undisputed fact that the petitioners herein are similarly situated as the parties (petitioners) in CMA No. 114/2018, they being included in Award No. 1/2012 (Part-C Hortoki) and also being parties in LA Case No. 30/2014, there is no ground to deny payment of interest under Section 34 of the LA Act to the petitioners herein.

¶20Accordingly, the District Collector, Kolasib is directed to make an assessment for payment of interest under Section 34 of the LA Act, 1894 to the petitioners, as had been given to the landowners in CMA No. 114 of 2018 i.e. @ 9% p.a. from 04.03.2013 (date of possession) to 04.03.2014 and @15% p.a. w.e.f. 05.03.2014 to 21.11.2015 (date of payment),within a period of 1 (one) month from the date of receipt of a certified copy of this order. Thereafter, the District Collector, Kolasib shall communicate the same to the respondent Nos. 5 to 9, who shall thereafter make arrangement for payment of interest under Section 34 of the LA Act within a further period of 3 (three) months.

¶21The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/20 GAHC030003322023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/76/2023 Sh. H. Lalnunmawia and 106 Ors. S/o Darliana (L) R/o Hortoki, Kolasib District 2: Lalhmangaihzuala S/o Kaphnuna 3: Laltlankima S/o Lalrinngheta 4: C. Zahlira S/o V.L Lawma 5: R. Vanrammawii D/o Zathuami 6: Lalhriata S/o Sapzuithanga 7: Vanlalkima S/o Chalthianga 8: Vanlalkima S/o Chalthianga Page No.# 2/20 9: Vanlalngheta S/o Rualzakhuma 10: Lalzahawma S/o Lalhmuakthanga 11: Lalhriatpuia Ngente S/o Thanhlira 12: Thanhlira S/o Lalrema 13: Lalnunmawia Ngente S/o Thanhlira 14: Hmingthanzauvi W/o Thanhlira 15: Feli D/o Huapliana 16: Vanlalzuala S/o Lalduha 17: Lalngaihsaka S/o R.K kapthanga Page No.# 3/20 18: Lalhmudika S/o Lalngaihsaka 19: Lalrintluanga S/o Lalhmangaiha 20: Laltlanhlua S/o Lalhmangaiha 21: Lalhmangaiha S/o Hrangkhuma 22: K.Thanchungnunga S/o K. Thanhlira 23: Lalthanliana S/o Zathanga (L) 24: Engthangpuii (Maengi) W/o Lalremliana 25: Lalhmachhuana S/o Neihtluanga 26: Hmangaihtluanga S/o Hmachhuana 27: Thazuali D/o Lalhmachhuana Page No.# 4/20 28: Lalnghengi W/o K. Lalduha 29: Lalfakzuala S/o Lalremsiama 30: Lianngura S/o Neihtluanga 31: Engkima S/o Lianngura 32: Lalhmachhuani D/o Lianngura 33: H. Malsawma S/o Darliana 34: Lalrochhari D/o V.L Duha 35: Rosangkima S/o Liansawta 36: Liansawta S/o Chawngsailova 37: H.S. Thanglawta Page No.# 5/20 S/o H.S Zakhuma 38: Lalthankima S/o Huapliana 39: Vanlalliana S/o Laluma 40: Vanlalliana S/o Laluma 41: Lalthuampuii D/o Keuphunga 42: Vanlalhmuaki D/o Vanlalliana 43: Lalfakmawia S/o Vanlalliana 44: Lalrinnunga S/o Sangliana 45: Lalrinnunga S/o Sangliana 46: Lalrinnunga S/o Sangliana Page No.# 6/20 47: Lalthazuala S/o Lalrinnunga 48: Lalhmingmawia S/o Lalkhuma 49: Joel Lalnunfela S/o Lalramzauva 50: Lalramzauva S/o Lalrema 51: Lalramzauva S/o Lalrema 52: Lalmuanpuia S/o H. Thangliana 53: Lalhmingsangi D/o H.T Rila 54: D.Thangchuailova S/o Thangkima 55: Thangchuailova S/o Thangkima (L) 56: John Lalthlamuana S/o Thangchuailova Page No.# 7/20 57: Thandanga S/o Chalthantluanga 58: Thandanga S/o Chalthantluanga 59: Thandanga S/o Chalthantluanga 60: Thandanga S/o Chalthantluanga 61: Thandanga S/o Chalthantluanga 62: Thandanga S/o Chalthantluanga 63: Chalnguri W/o Thandanga 64: Lalhruaitluangi D/o Thandanga 65: Zohmingthangi D/o Chalthantluanga Page No.# 8/20 66: Lalnunmawia S/o Darliana 67: Zoremmawia S/o H. Lalnunmawia 68: Lalnuntluangi D/o H. Lalnunmawia 69: C. Lalhmingliana S/o Khuanga(L) 70: C. Lalhmingliana S/o Khuanga (L) 71: Khetrojoi C/o C. Lalhmingliana 72: C. Lalpari D/o Rinawma 73: Lalchhanhima S/o Lalhmingliana 74: Lalrinsanga S/o H.T Tawna 75: Zodinthari D/o Lalrinsanga Page No.# 9/20 76: Lalhmangaihzuala S/o Lalrinsanga 77: Lalsangluaia S/o Lalrinsanga 78: H.D. Lalduhawma S/o V.L Vuana 79: H.C. Malsawmkima S/o H.D. Lalduhawma 80: Darremsangi D/o H.D. Lalduhawma 81: Lalparliana S/o Lalhleia 82: Darrotluanga S/o Zahunga 83: Darthantluanga S/o Zahunga 84: Lalbiaksangi D/o H.D Darthantluanga 85: H.D. Lalchungnunga Page No.# 10/20 S/o V.L Vuana 86: A. Zohmangaiha S/o J. Hrangkima 87: Lalbuatsaiha S/o Lalrawna 88: Laltawngchhana S/o Lalbuatsaiha 89: H. Vanlalsiama S/o Lalbiakchhunga 90: H. Vanlalsiama S/o Lalbiakchhunga 91: Lalringngheti D/o Hmingmawia 92: Lalkima S/o Pahlira 93: Lalpianmawia S/o Thangzuala 94: Lalpianmawia S/o Thangzuala Page No.# 11/20 95: Lalpianmawia S/o Thanzuala 96: Lalawmpuia S/o Lalpianmawia 97: Lalawmpuia S/o Lalpianmawia 98: Lalthlamuana S/o Lalpianmawia 99: Lalthatluangi D/o Lalpianmawia 100: V.L. Peki D/o Liankhuma 101: Laldinsanga S/o Thanzuala 102: Lalthangmawia S/o Lalhmuaka 103: Vanlalkima S/o Chalthianga 104: Lalchuailovi D/o Thuamliana Page No.# 12/20 105: Ngentluanga S/o Kailuia 106: Lianzuali D/o Lianngura 107: Vanlalliana S/o Lalrinawma Mizora VERSUS The State of Mizoram R/b the Chief Secretary to the Govt. of Mizoram, Aizawl and 8 Ors. Govt. of Mizoram Aizawl2:The Secretary to the Govt. of Mizora