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2022 DIGILAW 897 (GAU)

Lalenghluni, W/o Biakchunga (L) v. State of Mizoram represented by the Chief Secretary to the Government of Mizoram, Aizawl, Mizoram

2022-08-17

MARLI VANKUNG

body2022
JUDGMENT : 1. Heard Mr. Samuel Vanlalhriata Chhangte learned counsel for the petitioner and Mrs. H. Lalmalsawmi, learned Government Advocate. 2. The case of the petitioner is that she is the owner of Agricultural Land settlement certificate No.43 of 1978 and Agricultural Land settlement certificate No.G-42 0f 1980 situated at Chite Lui. She had inherited the Agricultural Land Settlement Certificates from her late husband Biakchunga. The respondent authorities had undertaken construction of a public road within the two lands of the Petitioner without her consent and knowledge and without any Notice. Being aggrieved the petitioner had approached the respondents on 16.07.2021 for verification of the damages caused to her land and for payment of adequate compensation as per law, however, after the issuance of the Joint verification notice dt.16.08.2021 neither survey report nor any further steps has been taken by the respondent authorities for redressal of the petitioner’s grievances and hence the writ petition. 3. In response to the writ petition, the State respondents on have filed their counter affidavit stating that Sihpui to Thuampui road was constructed under NLCPR Scheme during 2011-2013. However, there is no provision of Land Acquisition under the funding Scheme, sanction order attached as Annexure I. As such all Land owners including the claimant along the alignment were negotiated with PWD Official without officials recording before the start of function cutting work. The formation cutting work was also successfully carried out and completed and no complaint was received from the land owner. Again the said road pavement work was done during 2018-2019 under NEDP fund and the works included cross drainage at some stretches and retaining wall. Sanction order attached as Annexure-II. There was no extra widening other than the previous formation cutting by encroaching the private Land holder during the pavement work for payment of compensation. A joint verification at site was then conducted and representative of the petitioner was present alongwith representatives from PWD as well as from DC office. However, on enquiry it has been learnt that the joint verification report submitted by Pu. R. Malsawma, Surveyor, DC Office and all related documents have been destroyed in the fire that consumed the DC office on 17th December 2021 and no further action can be traced. 4. However, on enquiry it has been learnt that the joint verification report submitted by Pu. R. Malsawma, Surveyor, DC Office and all related documents have been destroyed in the fire that consumed the DC office on 17th December 2021 and no further action can be traced. 4. The learned counsel for the petitioner states that a writ petition of similar nature has been entertained by this Court in W.P.(C) 148 of 2019 and WP (C) No.29 of 2021 praying inter alia for payment of compensation in accordance with law by acquiring land which was effected by the construction of a road in a private land. Accordingly, this court in in W.P.(C) 148 of 2019 and WP ( C) No.29 of 2021 had disposed the said writ petitions with a direction to conduct spot verification by constituting a verification team. It was further directed that if the land is permanently required by the respondents, requisition for acquisition of the land shall be made as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a specified time and if the respondents are not willing to acquire the petitioner’s land, they should stop using the petitioner’s land immediately and in that event, the respondents are to verify and assess damages caused to the petitioner’s land, to make necessary payment, to be made by the District Collector-cum-Deputy Commissioner within a specified time. Copy of the orders passed by the co- ordinate bench of this court in W.P.(C) 148 of 2019 dated 19.03.2020 is annexed as annexure - IX and copy of WP (C) No.29 of 2021 dated 05.08.2022 accordingly produced in the court. The learned counsel for the petitioner submits that a similar order may be passed in the instant case since the instant case is similar to those in the mentioned cases disposed by this court. 5. The learned Government Advocate submits that a verification team may be constituted again since the report of the joint verification conducted earlier is reported to be burnt when the DC office was burnt down on 17th December 2021. 6. 5. The learned Government Advocate submits that a verification team may be constituted again since the report of the joint verification conducted earlier is reported to be burnt when the DC office was burnt down on 17th December 2021. 6. Having considered the submissions made by both the parties wherein the state respondents have admitted that they had taken steps by conducting a joint verification at site, the report of which along with all connected papers, was destroyed when the office of the Deputy Commissioner, Aizawl had unfortunately burnt down on 17th December 2021 and in view of the orders dated 19.03.2020 and 05.08.2022 passed by the co-ordinate Benches of this Court in WP(C) No. 148/2019 and WP (C) No.29 of 2021 respectively, wherein a direction was given to the respondent authorities to make a verification of the claim made by the petitioner therein and thereafter, to follow up the matter as per law, I am of the considered view that the grievance of the petitioner in the present writ petition is also quite similar and therefore, I find it appropriate that this writ petition be disposed of in similar lines. 7. In view of above, the Chief Secretary to the Government of Mizoram, (Respondent No. 1) shall constitute a verification team consisting of the Chief Engineer (Road), Public Works Department (Respondent No.4) or his representative, the Director, Land Revenue and Settlement Department (Respondent no.6) or his representative, and Deputy Commissioner-cum-District Collector, Aizawl (Respondent No. 8) or his representative, who shall verify the claim of the petitioner in the presence of the petitioner, within a period of 1 (one) month from the date of receipt of a certified copy of this order. 8. The verification team consisting of the above persons shall verify whether the land of the petitioner has been used by the respondent Nos. 3 and 4 for construction of a public road. If the answer is in the affirmative, the respondents shall, within a period of 1(one) month from the date of the site verification take a decision as to whether they want to permanently acquire the said portion of land of the petitioner. If the answer is in the affirmative, the State respondents shall make a requisition for acquisition of the land as per law. 9. If the answer is in the affirmative, the State respondents shall make a requisition for acquisition of the land as per law. 9. In the event, the state respondents are not willing to acquire the land of the petitioner, the respondent No. 3 and respondent no.4 shall stop using the petitioner’s land and shall verify and assess the damage caused to the petitioner’s land, within a month from the decision taken by respondents No.3 and No. 4 and the petitioner may be compensated for the damaged caused, within a further period of 2 (two) months from the date of the assessment. 10. With the above observations and directions, the writ petition W.P(C) No.128/2021 stands disposed of.