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2018 DIGILAW 1296 (GAU)

A. Z. Viasa v. Union of India

2018-09-03

MICHAEL ZOTHANKHUMA

body2018
JUDGMENT : MICHAEL ZOTHANKHUMA, J. 1. Heard Mrs. Dinari T. Azyu, learned counsel for the petitioners. Also heard Ms. Zairemsangpuii, learned CGC for the respondent Nos. 1 & 2 and Ms. Mary L. Khiangte, learned counsel for the respondent Nos. 3 & 4. No one appears for the respondent No. 5 & 6 even though notices were issued to them. 2. The petitioners prayer in the writ petition is for a direction to the respondents to verify whether the road constructed by the respondent Nos. 1 & 2 has been built upon the petitioners land and to pay compensation for the same. The petitioners counsel submits that the petitioners are owners of the land which are shown below:- Sl. No. Name of the Petitioners Pass Numbers Area 1 AZ. Viasa G.28/07 of 17.4.2007 2 Hect 2 LV. Hnietha G.30/08 of 17.4.2008 2 Hect 3 Beihi G.43/86 of 21.7.86 2 Hect 4 B. John Rice G.86/2015 of 5.11.2015 (Previous No.G.613 of 17.12.1996) 2 Hect 5 B. Valy G.160/93 of 10.6.93 1 Hect 6 P. Beichakaosa G.29/08 of 17.4.2008 2 Hect 7 HC. Riachhua G.32/07 of 15.9.2007 2 Hect 8 K. Samuelson G.61/2005 of 18.8.2005 2 Hect 9 Beirothlo G.322/91 of 10.4.91 2 Hect 10 P. Chiahu G.25/07 of 17.4.2008 1 Hect 11 K. Thaichhua G.32/08 of 7.8.2008 2 Hect 12 Bawchi G.448/92 of 19.5.1992 2 Hect 13 HC. Chikhai G.33/08 of 7.8.2008 2 Hect 14 B. Valy G.34/08 of 7.8.2008 2 Hect 15 T. Beihrohnei G.17/07 of 8.6.2007 2 Hect 16 HC. Beithlalo G.35/08 of 7.8.2008 2 Hect 17 K. Lalhmingsanga G.36/08 of 7.8.2008 2 Hect 18 B. Mary John G.675/96 of 7.3.1996 2 Hect 19 B. Lychhua G.13/2017 of 21.8.2017 (Previous No.G.13/03 of 2.4.2003) 1.5 Hect 20 T. Lemo G.205/2004 of 27.10.2004 2 Hect 21 K. Samuelson G.9/88 of 2.5.88 2 Hect 22 S. Lawmi G.175/90 of 19.3.90 1 Hect 23 L. Zakhu G.54/89 of 18.4.89 2 Hect 24 Lalchawiliana G.630/97 of 14.2.1997 1 Hect 25 T. Lemo G.406/2004 of 3.6.2004 2 Hect 26 HC. Rabei G.20/06 of 4.5.06 2 Hect 27 T. Hari G.27/07 of 22.06.2007 2 Hect 28 HC. Rabei G.20/06 of 4.5.06 2 Hect 27 T. Hari G.27/07 of 22.06.2007 2 Hect 28 HC. Vauma G.15/07 of 8.6.2007 2 Hect 29 P. Rubena G.16/07 of 8.6.2007 2 Hect 30 T. Vabeihrohnei G.305/2004 of 11.5.2004 2 Hect 31 Zoro B. Khepha G.35/07 of 22.10.2007 2 Hect 32 C. Khechai G.563/93 of 27.8.1993 2 Hect 33 C. Duhkima G.27/07 of 17.4.2007 1 Hect 34 K. Khosa G.34/07 of 22.10.2007 2 Hect 35 Socha G.454/92 of 2.6.92 2 Hect 36 C. Khedo G.361/91 of 22.7.941 2 Hect 37 S. Beipathai G.39/07 of 24.10.2007 2 Hect 38 AZ. Habaku G.38/07 of 24.10.2007 2 Hect 39 M. Beichhuaha G.37/07 of 24.10.2007 2 Hect 40 ZT Zephatha G.36/07 of 24.10.2007 2 Hect 41 M. Beirasia G.33/07 of 15.9.2007 2 Hect 42 Lekhai G.593/98 of 5.6.1998 2 Hect 43 L. Zamau G.67/2004 of 9.3.2004 1 Hect 44 P. Siluana G.30/07 of 15.9.2007 2 Hect 45 B. Chichho G.77/018 of 24.5.2018 (Pevious No. G.20/89 of 2.4.1989) 2 Hect 46 Beihrotlua Hlychho G.78/2018 of 24.5.2018 (Pevious No.G.20/89 of 2.4.1989) 2 Hect 47 B. Sozi G.26/07 of 17.6.2007 1 Hect 48 T. Lemo G.508/2004 of 14.9.2004 2 Hect 49 T. Seido G.301/2004 of 24.3.2004 2 Hect 50 C. Hmuako G.22/2018 of 14.6.2018 (Pevious No.G.631/97 of 14.2.1997) 1 Hect 51 Benjamin Chozah G.12/2002 of 12.8.2002 Hect 52 M. Zahre G.g.397/91 of 10.12.1990 1 Hect 53 T. Beili G.629/97 of 14.2.1997 1 Hect 54 HC. Ralua G.118/90 of 27.6.1990 1 Hect 55 Sero G. 67/2005 of 18.8.05 1 Hect 56 HC. Tizaw G. 446/92 of 19.5.1992 1 Hect 57 Laki High School Land Donation Certificate Dt. 11.2.2008 2 Hect 58 Pakhai G. 19/03 of 18.3.03 Hect 59 Primary School Kopai VC Pass dt. 16.10.79 120.1 Sqm 3. The petitioners counsel submits that the respondent Nos. 1 & 2 had constructed a road from Siatlai-Zawngling-Khopai-Laki Village within Siaha District, Mizoram in 2008. The said road has been built upon the lands of the petitioners without their consent. However, they were given some meager amount of money amounting to Rs. 5,000/- to Rs. 10,000/- for shifting their agricultural occupation to some other land. 4. The petitioners counsel submits that the petitioners should be given compensation for acquisition of their land and in this regard she has relied upon the Judgment & Order dated 02.04.2018, passed in WP(C) No. 103/2017 and 11.04.2018 in WP(C) No. 41/2018. 5,000/- to Rs. 10,000/- for shifting their agricultural occupation to some other land. 4. The petitioners counsel submits that the petitioners should be given compensation for acquisition of their land and in this regard she has relied upon the Judgment & Order dated 02.04.2018, passed in WP(C) No. 103/2017 and 11.04.2018 in WP(C) No. 41/2018. She submits that the judgment & orders passed in the above 2 (two) cases covers the present case, as the petitioners in the above 2 (two) cases are similarly situated with the petitioners herein, as they are all aggrieved by the construction of the same road, i.e., the Siatlai-Zawngling-Khopai-Laki Village road. 5. Ms. Zairemsangpuii, learned CGC and Ms. Mary L. Khiangte, learned counsel for the respondent Nos. 3 & 4 submit that the present case is a covered matter. However, clarification needs to be made with regard to the direction passed for payment of compensation, as compensation under the applicable Land Acquisition Act could be made only with respect to lands on which the road has been constructed and not for damages per se, for which a claim for damages would have to be made before the Civil Court. They also submit that the petitioners Right to Compensation would depend upon the validity and genuineness of the land passes, on the basis of which they claim ownership of the land. 6. I have heard the learned counsels for the parties. 7. On a perusal of the Order dated 02.04.2018 passed in WP(C) No. 103/2017 and 11.04.2018 passed in WP(C) No. 41/2018, this Court finds that a verification team had been constituted to conduct spot verification of the lands with regard to the claim of the petitioners therein and if the claim of the petitioners were found to be correct, the land of the petitioners were to be acquired and compensation for the same was to be made. As the present case is similar to the cases disposed of earlier by this Court inasmuch as, the petitioners therein were also aggrieved with the construction of the Siatlai-Zawngling- Khopai-Laki Village road, the present writ petition is also disposed of by constituting a verification team, which shall include:- (1) The Deputy Commissioner-cum-District Collector, Siaha. (2) The Senior Revenue Officer, MADC. (3) The Chief Engineer, Border Road Task Force (BRTF), Project Pushpak GREF, C/o 99 APO or his representatives. (4) The petitioners or their representatives. 8. (2) The Senior Revenue Officer, MADC. (3) The Chief Engineer, Border Road Task Force (BRTF), Project Pushpak GREF, C/o 99 APO or his representatives. (4) The petitioners or their representatives. 8. The verification team shall, within a period of two months from the date of receipt of a certified copy of this order, convene a spot verification of the petitioners' lands. If it is found during the verification that the construction of the road connecting Siatlai- Zongling-Khopai-Laki Village has been made upon the lands of the petitioners, the Deputy Commissioner-cum-District Collector, Siaha shall send the verification report to all the other respondents. 9. Prior to sending the verification report by the Deputy Commissioner to the other respondents, the respondent No. 4 shall take a decision with regard to whether the land passes of the petitioners are valid and genuine passes, after giving an opportunity of hearing to all the concerned parties. If the petitioners land passes are valid and give heritable and transferable rights to the petitioners, the respondents shall thereafter take a decision whether they want to vacate the petitioners lands on which the road is constructed or acquire the land. If the respondents decide to acquire the land, they shall initiate proceedings for acquisition of the lands of the petitioners under the provisions of the Right of Fair Compensation and Transparency of Land Acquisition, Rehabilitation and Re-settlement Act, 2013 for the land/portion of land it seeks to acquire. 10. The entire exercise for completing the process of acquisition of the petitioners' lands or a portion thereof and the payment of the compensation shall be completed by the respondents within a period of 6 (six) months from the date of sending of the verification report by the Deputy Commissioner to the other respondents. 11. Keeping in mind the fact that 10 years have elapsed from the time the road was constructed, this Court clarifies that in the event it is found in the verification that the road is not constructed upon the lands of the petitioners, but the debris or other factors due to the road construction has only caused some damage to the land and crops of the petitioners, there is no requirement of the respondents to acquire those lands and in that event, the petitioners would have the liberty to make a claim for damages before the Civil Court as per law. 12. 12. The Writ Petition is accordingly disposed of.