Shri C.Lalkhalha and 15 Ors v. The Union of India R/B Secretary to the Ministry of Road Transport and Highways and 3 Ors

ORDER

01.12.2023

Heard Mr. Zoramchhana, learned counsel for the petitioners. This is an application under Article 226 of the Constitution of India, wherein the petitioners have approached this Court due to the fact that the respondents had acquired the land of the petitioners for the development of National Highway Bearing No. 6 and accordingly, the respondent No. 2 had passed the Award vide Revised 3G Part-III (NH-06) as per NHIDCL Requirement dated 10.10.2022, wherein the assets of the petitioners were to be acquired. The petitioners were however verbally informed by the respondents that they are not entitled to payment of solatium, though the same has been clearly reflected in Column No. 13 and Column No. 15 of the said Award which reflects the solatium amount. Aggrieved, they have filed the instant writ petition. The learned counsel also submits that the petitioners are also aggrieved by the fact that the respondent No. 2 had not included any market value for the land in the said award. The petitioners have filed representations to respondent No. 2 for including the market value of the land. However, till date the respondent No. 2 has not considered their representations and no response have been received. The learned counsel prays that a direction may be given to the State respondents that the respondent No. 2 should consider the representations submitted by the petitioners. Having heard the submission made by the learned counsel for the petitioners, this Court, in view of the limited prayer made by the petitioners find it fit to dispose of the instant writ petition with a direction that the petitioners Page No.# 5/5 should approach the respondent No. 2 by way of a representation for payment of solatium as shown at Column No. 13 and Column No. 15 of the Award vide Revised 3G Part-III (NH-06) as per NHIDCL Requirement dated 10.10.2022. Thereafter, the respondent No. 2 should consider and dispose of the representations of the petitioners once filed, along with the pending representation for assessment of the value of the land acquired by the respondents, with a speaking order and as per law within 4 (four) weeks of receiving the representation for payment of solatium. The instant writ petition stands disposed of with the above directions without going into the merits of the case. Thereafter, if still aggrieved, the petitioners are given the liberty to approach the Court afresh, if so advised.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC030006452023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/147/2023 Shri C.Lalkhalha and 15 Ors. S/o Lawnga (L) R/o Keifang, Saitual District 2: Shri Hrangthuama S/o Laiawrha (L) 3: Shri Ranghnuna (L) r/b Malsawmi S/o Rothuama 4: Smt. Sangthluaii (L) r/b Lalhmuakliana D/o Bawihbanga (L) 5: Smt. Nuthangi W/o R.Laltanpuia 6: Shri Rosangzuala S/o Chawngthuama Page No.# 2/5 7: Shri P. Vala (L) r/b Rotuaki 8: Smt. Zorampari D/o Chawnghlira 9: Shri H.Biakmawia (L) r/b Vanlalhruaii S/o Hmuaksiama (L) 10: Shri KN Lalnunzira (L) r/b Lalrintluangi S/o Zakhuma (L) 11: Shri Rosangmawia S/o Chuaukhuma 12: Shri C. Lalrosanga S/o Chawnghlira 13: Smt. Lalthuampuii (L) r/b C. Lalmuanawma D/o Lalpianga (L) 14: Shri Laldawngliana S/o Bawlliana 15: Shri Zodinliana Page No.# 3/5 S/o Zahlira 16: Smt. P. Vanlalhriati D/o Laiawrha (L) Mizora VERSUS The Union of India r/b Secretary to the Ministry of Road Transport and Highways and 3 Ors. Govt. of India, Transport Bhawan, Parliament Street, New Delhi - 110001 2:The Competent Authority/Addl. Depy. Commissioner Saitual 3:The National Highways and Infrastructure Development Corp. Ltd. (NHIDCL) r/b Managing Director 3rd Floor PTI Building 4 Parliament Street New Delhi - 110001 4:The General Manager (LA and Admin) NHIDCL 3rd Floor T-86 Tuikhuahtlang Aizawl Mizoram - 79600 Advocate for the Petitioner : Mr Zoramchhana Advocate for the Respondent : Ms Zairemsangpuii Page No.# 4/5 B E F O R E HON'BLE MRS. JUSTICE MARLI VANKUNG