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2014 DIGILAW 454 (GAU)

Lalthanzauva and Ors. v. Union of India & Ors.

2014-04-22

L.S.JAMIR

body2014
L.S. Jamir, J. -- Heard Mr. C. Lalramzauva, learned senior counsel assisted by Mr. Johny L. Tochhawng, learned counsel appearing for the petitioners. Also heard Mr. A.K. Rokhum, learned Additional Advocate General, Mizoram appearing for the State respondents as well as Mr. A.H. Bharbhuiya, learned CGC appearing for the Union of India. 2. The petitioners are all owners of landed properties within the area occupied by the Army at Bawngkawn Brigade area. The landed properties belonging to the petitioners are as under: (a) Sh. Lalthanzauva -- LSC No. AZL-3010 of 1989 (b) Sh.Lalhmingthanga- LSC No. AZL-1554 of 1985 (c) Kapthanga -- LSC No. AZL-4634 of 1986 House Pass No. 115 of 2002 (d) C.Lalthangpuii -- House Pass No. 54 of 1970 (e) R.Zonunsanga -- House Pass No. 116 of 2002 (f) Ramthianghlimi -- LSC No. AZL-3267 of 1990 House Pass No. 117 of 2002 (g) Vanlaldika -- House Pass No. 118 of 2002 (h) Ngurchhuana -- House Pass No. 119 of 2002 (i) Lalbiaksangi -- House Pass No. 120 of 2002 (j) Lalliana (L) -- House Pass No. 53 of 1972 (k) R. Kapa -- Garden Pass No. 22 of 1973 3. The lands belonging to the petitioners were forcibly occupied by the Security Forces with effect from April, 1966 till 9.9.2008. Thereafter the lands were de-hired and handed over to the respondent No. 9 i.e. The Deputy Commissioner, Aizawl District, Aizawl and till date the State respondent are still in forcible occupation of the land belonging to the petitioners. 4. In 1986 the Govt. of Mizoram and the MNF had signed the Peace Accord and as per clause 13(B) of the Memorandum of Settlement all private lands and buildings occupied by the Army and Security Forces in Mizoram are to be given rental compensation. 5. It is the case of the petitioners that they have not been paid any rental compensation from the period April 1966 till date. After conducting spot verification of all fresh claims by the concerned Deputy Commissioner assessment on genuine claims were made and the Secretary to the Government of Mizoram, Land Revenue and Settlement Department, Aizawl had written to the Director, Ministry of Home Affairs, New Delhi by letter dated 11.3.2002 forwarding the list of the land owners whose lands are occupied by the Security Forces. However, the petitioners were not included in the said list. However, the petitioners were not included in the said list. Thereafter, by notification dated 20.6.2006 the respondent No. 7 in supersession of all notification, constituted a Task Force to look into the claims of rental on account of occupation of private lands by the Army as well as Para Military Forces in Mizoram for the period from 1966 onwards. However, till date no positive action has been taken by the respondents, in so far as the petitioners are concerned and therefore being highly the present writ petition. 6. The State respondents have filed their counter affidavit. In their affidavit, statement has been made that rental compensation was paid to all the genuine land owners whose land were forcibly occupied by the Army from April, 1966 till the land were de-hired which were within the blue print. The doubtful claims were verified and the lands could not be handed over to the claimants as the genuiness of their passes had to be checked. It is also stated that in the counter affidavit that no rental compensation can be paid to those who were not within the occupied areas of the Army and not within the blue print/ sketch map maintained by the authorities. 7. The respondent Nos. 1 to 3 has also filed their affidavit-in-opposition, wherein it is stated that the land for which the petitioners are asking for rental compensation has never been under the occupation of the Para Military Forces which comes directly under the control of the Ministry of Home Affairs. 8. On a consideration of the materials available on records and also the claims and counter claims made in the writ petition as well as in the counter affidavit filed by the State as well as the Union of India, this Court sitting under Article 226 of the Constitution of India finds it difficult to pass any appropriate direction to the respondents to pay rental compensation to the petitioners. 9. However, and as consented to by the learned counsel appearing for all the parties, this writ petition is disposed of with a direction to the respondents to have a joint verification of the land of the petitioners by a joint verification team consisting of the following members: (1) The Director (N.E.-II), Ministry of Home Affairs or his representative. (2) Defence Estate Officer, Guwahati Circle, ministry of Defence or his representative. (2) Defence Estate Officer, Guwahati Circle, ministry of Defence or his representative. (3) Secretary to the Government of Mizoram, Department of Land Revenue and Settlement or his representative. (4) Deputy Commissioner of Aizawl District, Aizawl. (5) The Commandant of the Army unit/Paramilitary Forces occupying the land or his representative, if any. (6) The petitioners and their representative(s). 10. The Deputy Commissioner, Aizawl District, Aizawl shall be the co-ordinating authority. 11. The joint verification team so constituted shall verify the lands of the petitioners as to whether they were under the occupation of the Army/Para Military Forces and shall thereafter furnish all details to the concerned authorities for assessment/computation of the rental compensation and payment thereto, if the petitioners are found entitled to the same. 12. The exercise of conducting joint spot verification shall be completed within a period of 6 (six) months from the date of receipt of a copy of the judgment and order of this Court by the Co-ordinating authority, i.e. Deputy Commissioner, Aizawl District, Aizawl and another 3 (three) months thereafter for computation/assessment of the rental compensation and payment to the petitioners if their lands are found to have been under the occupation of the Army/Para Military Forces. 13. With the above observation and direction, this petition stands disposed of. No costs.