Petitioners sought compensation under Supplementary Draft Award No. 1/2016 (KMMTTP road). The award was cancelled in 2019; a fresh Draft Award No. 1/2022 was approved after reassessment of genuine landowners. The petition was held infructuous since the cancellation was not challenged.
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GAHC030000322019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/15/2019
Sh. J Liannghaka and 10 Ors. Rulkual, Mizoram 2: Lalchhungliani
3: J Lalzova
4: Lalrinkima
5: K Laltlanthangi
6: Johnson Lalhmangaiha
7: J Laldingliana
8: C Lalthuama
9: Lalchansanga
10: Dinsangzeli
11: L Lalrinmawi
VERSUS
The State of Mizoram, r/b its Chief Secretary and 5 Ors. New Secretariat Complex, Aizawl 2:The Secretary to the Govt. of Mizoram
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Revenue Department Aizawl 3:The Secretary to the Govt. of Mizoram District Counsil Affairs Aizawl 4:The Secretary to the Govt. of Mizoram PWD Aizawl 5:The Superintending Engineer PWD MMPC Lawngtlai 6:The Deputy Commissioner/ District Collector Lawngtlai District Lawntla
Advocate for the Petitioner : Mr A.R. Malhotra
Advocate for the Respondent : Ms. Mary Lalruatkimi Khiangte, GA, Mizoram for R1 - 6
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ORDER
B E F O R E
HON’BLE MR. JUSTICE NELSON SAILO
20.01.2025
Heard Mr. A.R. Malhotra, learned counsel for the petitioners and Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General for the State respondents. Aggrieved with the non-payment of compensation in terms of the Supplementary Draft Award No. 1/2016 (KMMTTP road), the petitioners have filed the instant writ petition. It is however seen that the Supplementary Draft Award No. 1/2016 has been cancelled vide Order dated 04.07.2019 pursuant to a decision taken in this regard but the petitioners have not challenged the Order of cancellation. It is further submitted at the bar that WP(C) No. 90/2019, which was filed by the Lawngtlai District Land Owners Association represented by its President had also been taken up by this Court.
[2.] The petitioners in that case has challenged the Order dated 04.07.2019 by which Supplementary Draft Award No. 1/2016 had been cancelled. However, during the course of pendency of the said writ petition, the respondent concerned have found only 138 persons to be genuine affected land owners out of the 303 beneficiaries under the Supplementary Draft Award No. 1/2016. With the permission of this Court, the respondents have proceeded to came up with a
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fresh assessment which culminated into Draft Award No. 1/2022 dated
17.06.2022. The same was also approved by the State Government on 07.07.2022.
[3.] Having regard to the developments and particularly to the fact the cancellation order dated 04.07.2019 and Supplementary Draft Award No. 1/2016 having not been challenged, the writ petition admittedly has become infructuous and accordingly stands dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition survives when the Supplementary Draft Award No. 1/2016 on which compensation was claimed has been cancelled by an unchallenged order.
Sh. J Liannghaka and 10 Ors.
The State of Mizoram, r/b its Chief Secretary
Nelson Sailo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
