Lalramdina S/o Lalrema (L) v. State of Mizoram r/b Chief Secretary, Govt. of Mizoram
2025-07-02
MARLI VANKUNG
body2025
DigiLaw.ai
JUDGMENT & ORDER : Heard Mr. Lalrokunga Pautu, learned counsel for the petitioner. Also heard Ms. Vanneihsiami, learned Govt. Advocate for the State respondents. 2. The instant writ petition is with regards to the landed property covered by Periodic Patta No. 802006/10/635 of 2006 belonging to the petitioner located at Khamrang, Kolasib District, Mizoram which has been renewed up to 14.09.2026 wherein, during the year 2017, the respondent authorities had installed 132 KV DC Transmission Tower without prior consent or notice to the petitioner and that the said tower has been standing till date. The petitioner had approached the authorities several times and submitted his representations for removal of the said tower, however, since no heed was paid to the representations made by the petitioner, hence the instant writ petition. 3. Mr. Lalrokunga Pautu, learned counsel for the petitioner submits that the respondents, by occupying the property of the petitioner without following the due process of law and without paying the compensation entitled to the petitioner, has infringed the fundamental rights of the petitioner and has violated his legal rights and his right to property as guaranteed under the Constitution of India. He also submits that the right to be paid rent for the occupation of his landed property since 2007 is also covered by the decision of the Coordinate Bench of this Court in LalthuamaSailo & 2 Ors. Vs State of Mizoram & 7 Ors . in WP(C) No. 99/2019 dated 05.04.2022. 4. Ms. Vanneihsiami, learned Govt. Advocate in all fairness submits that if it is found that the respondents have installed 132 KV DC Transmission Tower, within the landed property of the petitioner then, they do not contest the said writ petition. She has also submitted that the respondent authorities had contacted the writ petitioner before the filing of the writ petition to make the settlement in response to the representations made by the petitioner. However, they were informed by the petitioner that he had engaged a counsel and was not willing to come to a settlement since a writ petition was to be filed. 5. Having considered the submissions made by the learned counsels, this court finds that it is not a disputed fact that the petitioner is the owner of the landed property covered by Periodic Patta No. 802006/10/635 of 2006 located at Khamrang, Kolasib District, Mizoram.
5. Having considered the submissions made by the learned counsels, this court finds that it is not a disputed fact that the petitioner is the owner of the landed property covered by Periodic Patta No. 802006/10/635 of 2006 located at Khamrang, Kolasib District, Mizoram. It is also not a disputed that there is a 132 KV DC Transmission Tower installed at Khamrang, Kolasib District, Mizoram. Accordingly, this court finds it fit to dispose of the instant Writ Petition with a direction that the respondents after due verification of the land area involved and also in verification whether the 132 KV DC Transmission Tower was installed within the landed property of the petitioner covered by Periodic Patta No. 802006/10/635 of 2006 located at Khamrang, Kolasib District, Mizoram from 2017, shall make an assessment of the rental compensation to be duly paid to the petitioner as per the existing law inforce and pay the said rental amount due to the petitioner within a period of 6 months from the date of receiving a certified true copy of this order. order issued" data-para-type="final_conclusion" id="6"> 6. Accordingly, WP(C) No. 113 of 2024 stands allowed and disposed of as above.