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2019 DIGILAW 664 (GAU)

S. Makhu v. State of Mizoram

2019-05-28

NELSON SAILO

body2019
JUDGMENT : 1. Heard Mr. Lalfakawma, the learned counsel for the petitioners as well as Ms. Mary L. Khiangte, the learned Government Advocate for the State respondents and Ms. Zairemsangpuii, the learned CGC for the Union of India. Mr. C. Lalbiakkima, the learned counsel appears for the Mara Autonomous District Council (respondent Nos. 5 and 6). 2. The learned counsel for the petitioners submits that similar writ petitions were disposed of by this Court by directing the respondent authorities to conduct a spot verification to look into the claim of the petitioners that damage was caused due to construction of road over their lands and therefore, the present writ petition can also be disposed of in a similar lines. 3. Brief facts of the case may be noticed at the outset. 4. The petitioners are owners of the land covered by their various Passes located at Saiha District in the State of Mizoram. Their land Passes had been issued by the Revenue authorities of the Mara Autonomous District Council (District Council). The details of the land holdings of the petitioners may be given below in a tabular form:- “Sl. No. Name Pass No. 1 S. Makhu G. 635/97 of 25.02.1997 2 C. Beibiahneisa F. 23/1984 of 2.05.1984 (Re-issued vide F.5/2018 of 18.09.2018) 3 L.C. Luabei G. 74/2005 of 23.08.2005 4 Pathaisa G. 70/2005 of 22.08.2005 5 L. Chhuakhu F. 3/1992 of 11/16/1992 (Re-issued vide F.1/2018 of 30.08.2018) 6 L.Chachho F. 2/1992 of 11.08.1992 7 L.C. Luasia G. 47/2005 of 7.03.2005 8 L.C. Valaw G. 5/1993 of 24.03.1993 9 Kheko G. 546/93 of 21.04.1993 (Re-issued vide G. 98/2016 of 16.02.2016) 10 L.C. Lawkhei G. 77/2005 of 23.08.2005 11 B.Samo G. 94/2004 of 19.07.2004 12 C. Hmolua G. 10/2003 of 18.03.2003 13 S.T. Beithakhai G. 46/93 of 24.03.1993 (Re-issued vide G. 30/2018 of 03.08.2018) 14 S.Machi G. 71/2005 of 22.08.2005 15 V.Pahra G. 107/2004 of 13.05.2004 16 Ruben N. Lyno G. 49/2005 of 07.03.2005 17 J. Thalai G. 64/2004 of 19.07.2004 18 B.Samo G. 82/2004 of 19.07.2004 19 L. Kutha G. 54/2005 of 26.07.2005 20 C. Mohu G. 72/2005 of 22.08.2005 21 V.T. Lysa G.1/2005 of 28.09.2005 22 V.T. Devana G.16/2005 of 18.08.2005 23 B. Tusa G. 57/2002 of 18.08.2002” 5. According to the petitioners, the respondents, more particularly, the respondent Nos. 3 and 4 have constructed Tuipang-Laki-Lungpuk Road, popularly known as "TLL Road" sometime in the year 2008. According to the petitioners, the respondents, more particularly, the respondent Nos. 3 and 4 have constructed Tuipang-Laki-Lungpuk Road, popularly known as "TLL Road" sometime in the year 2008. The lands of the petitioners are located in the jurisdiction of Zawngling Village Council, Zawngling B Village Council and Zawngling Lawtai Village Council. According to the petitioners, their lands are located in the distance of about 13 kms from Tuipang village i.e. the starting point of construction of the TLL Road. For the construction of the TLL Road, the respondent No. 2 pronounced Award No. 1/2013 on 16.12.2013, but the petitioners were not included in the list of the land holders in the said award. They contend that in view of the construction of the TLL Road, their lands had been damaged and despite the petitioners having approached the respondent authorities for inclusion of their names in the list for payment of compensation, they have not been considered and included in the list. 6. The learned counsel for the petitioners submits that this Court in a number of writ petitions including WP(C) No. 34/2019 constituted a Verification Team to make spot verification upon the lands of the petitioners within a time frame. It was directed that upon such verification, if it was found that the construction of the TLL Road have indeed caused damage on the land of the petitioners, they should be suitably compensated. 7. The learned counsel for the petitioners refers to the Order dated 14.03.2019 passed by this Court in WP(C) Nos. 33/2019 and 34/2019, which is annexed at annexure 5 to the additional affidavit filed by the petitioners on 09.05.2019. Upon perusal of the same and considering the fact that the present case is a covered case, the writ petition is disposed of by constituting the following Verification Team:- (1) The Deputy Commissioner-cum-District Collector, Siaha. (2) The Senior Revenue Officer, Mara Autonomous District Council. (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. (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-Zawngling-Khopai-Laki Village (TLL Road) 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. The petitioners shall also produce their original land passes for inspection and verification. 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 land of the petitioners under the acquisition law applicable in the State. 10. The entire exercise for completing the process of acquisition of the petitioners lands or apportionment 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. With the above observations and directions, writ petition stands disposed of.