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2021 DIGILAW 305 (GAU)

L. C. Beicho S/o L. Zakua R/o Zawngling/Zyhno, Siaha District v. Union of India

2021-03-23

NELSON SAILO

body2021
JUDGMENT & ORDER : Heard Mr. Lalchhanliana Khiangte, learned counsel for the petitioners. Having regard to the nature of the case projected by the petitioners, the writ petition is taken up for disposal at the motion stage. 2. It is the case of the petitioners that they are allottees of their respective lands by the competent authority under the Mara Autonomous District Council and they have been developing their respective lands by planting various crops and fruit bearing trees and at the same time, they have been paying their respective taxes for their lands to the Land Revenue & Settlement Department of the Mara Autonomous District Council on regular basis. The details of their respective land passes may be reproduced below in the form of a chart: Sl.No Name Land Pass No. Area of Land 1 L.C Beicho G-159 of 1990 2 Hectare 2 M. Sama G-73 of 1990 1 Hectare 3 J. Byhnadaosa G-88 of 1998 2 Hectare 4 J. Thalai G-87 of 1993 & G-552 of 1995 2 Hectare & 2 Hectare 5 A. Zakho Permit No. 11011/6/87 Dt.23.6.1987 40 Sq.m 6 Hryukhu G-23 of 2002 2 Hectare 7 S. Ryuse G-20 of 2007 2 Hectare 8 TT. Happy G-105 of 1992 2 Hectare 9 B. Beizi G-13 of 1989 2 Hectare 10 B. Hazi G-322 of 1998 2 Hectare 11 HT. Dachhua G-89 of 1993 2 Hectare 12 S. Beima G-128 of 1988 2 Hectare 13 Zabua G-30 of 2002 1 Hectare 14 Tlahlo G-19 of 1980 1 Hectare F-3 of 1984 3 Hectare 15 Paiko H-8 of 1984 6000 Sq.ft. 16 HT Beikhotha G-5 of 1983 1 Hectare 17 K. Malsawmdawngliana G-498 of 1993 2 Hectare 18 HT Lalnunzauva G-14 of 1983 1 Hectare 19 B. Heleni G-301 of 2002 2 Hectare 3. According to the petitioners, since the year 2008, the respondents constructed “Tuipang-Siatlai-Zawngling-Khawpai-Laki Village Road” which is popularly known as TLL road over their lands without obtaining prior consent and permission from them and without paying any compensation to them. Being ignorant villagers having no knowledge or capability to approach the authorities for redressal of their grievances, they have been compelled to suffer tremendous hardship. Being ignorant villagers having no knowledge or capability to approach the authorities for redressal of their grievances, they have been compelled to suffer tremendous hardship. Of late, the petitioners have come to learn that some of the land owners whose lands were also affected by the construction of the TLL road have approached this Court by filing WP(C) No. 33/2019 and WP(C) No. 34/2019 claiming compensation for the destruction of their lands. The writ petitions were disposed of vide common Judgment & Order dated 14.03.2019 by constituting a Verification Team to verify the lands of the petitioners and to pay adequate compensation as per the relevant land law applicable and on the basis of the findings of the Verification Team. Another writ petition i.e. WP(C) No. 47/2019 was also disposed of in terms of the common Judgment & Order dated 14.03.2019. 4. Mr. Lalchhanliana Khiangte, learned counsel submits that since the petitioners are also similarly situated in all respects, a similar direction may be passed. 5. Considering the projection made by the writ petitioners and upon perusal of the common Judgment & Order dated 14.03.2019, passed by this Court in WP(C) Nos. 33 & 34/2019, it is seen that the present case is a covered case and therefore, there appears to be no impediment in disposing the writ petition in similar lines. 6. In view of above, the following Verification Team is being constituted:- 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 authorized representatives. 7. 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 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. 8. 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. 8. 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 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. 9. 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. 10. Keeping in mind the fact that 12 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. 11. With the above observations and directions, writ petition stands disposed of.