Sh. Lallawmsiama and 13 Ors. Vs The State of Mizoram and 6 Ors.

The State of Mizoram and 6 Ors. R/b the Secretary to the Govt. of Mizoram, Land Revenue and Settlement Dept., Aizawl. 2:The Director Land Revenue and Settlement Dept.

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3:The Union of India r/b the Secretary Ministry of Defense

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4:The District Collector Lunglei District

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5:The District Collector Hnahthial District

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6:The Chief Engineer Project Pushpak

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7:The Executive Engineer (Civil) Officer Commanding 74 Road Construction Company (GREF

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Advocate for the Petitioner : Mr F Lalengliana

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Advocate for the Respondent : Addl. AG/GA, Mizoram for R1, 2, 4 & 5

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BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER

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Date : 03-03-2025

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Heard Mr. F. Lalengliana, learned counsel for the petitioner. Also heard Mr. Benjamin Lalthlamuana, learned Government Advocate for the State

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respondents and Ms. Zairemsangpuii, learned CGC for respondent Nos. 3, 6 & 7.

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The case of the petitioners is that they are the land owners within the area of Bualpui ‘H’, Hnahthial District. The State respondents issued the Preliminary Notification dated 23.01.2022 for land acquisition under Section 40 of the Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016 (hereinafter referred to as the Act of 2016) at Thingsai-Bualpui ‘H’- SaisihPangkhua-Sangau for acquisition of land by the 74 RCC (GREF) under the Ministry of Defence, Government of India for maintenance of national security along the Indo-Myanmar international border wherein the stretch of land of 15.00 km is to be acquired for construction of road.

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Subsequently, another Notification dated 01.09.2020 was issued by the Secretary, Land Revenue & Settlement Department under Section 11 of the Act of 2016. Thereafter, the Draft Award No. 1/2020 was prepared and the petitioners had received compensation assessed by the concerned authority as per the Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016.

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Meanwhile, a Coordinate Bench of this Court in its Judgment & Order dated 15.11.2017 in WP(C) No. 20/2014 and WP(C) No. 30/2014 held that the Mizoram Land Acquisition Act, 2016 was not applicable in the State of Mizoram. On appeal against this Judgment and order, the Division Bench vide the Judgment & Order dated 30.10.2024 in Writ Appeal No. 70/2018 upheld the mentioned Judgment & Order dated 15.11.2017, by which it was held that the Act of 2016 is not applicable in the State of Mizoram and instead the Right to Fair Compensation and Transparency in Land Acquisition and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013) should be applied in the State for acquisition of land. In view of the above judgment of the Division Bench in

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Writ Appeal No. 70/2018, a Coordinate Bench of this Court in WP(C) No. 26/2023 (with WP(C) No. 114/2022) dated 25.11.2024 had passed an order for reassessment of the compensation amount by applying the Act of 2013.

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The learned counsel for the petitioner submitted that in Judgment dated 25.11.2024 in WP(C) No. 26/2023 (with WP(C) No. 114/2022) passed by a Coordinate Bench of this Court, the Court had relied on a common Judgment & Order dated 21.11.2024 in WP(C) No. 125/2021 and other similar writ petitions wherein the Writ Petitions were disposed of by directing the Collector concerned to make assessment in terms of the Act of 2013.

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The learned counsel for the petitioner submitted that the present writ petition is squarely covered by the decisions of a Coordinate Bench in the above mentioned Writ Petitions and prayed that a similar order may be passed for the reassessment of the compensation due to the petitioners under the Act of 2013.

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Mr. Benjamin Lalthlamuana, learned Government Advocate and Ms. Zairemsangpuii, learned CGC in all fairness submitted that the present case is squarely covered by the judgments of a Coordinate Bench in WP(C) No. 125/2021 and WP(C) No. 26/2023 (with WP(C) No. 114/2024).

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Having heard the submissions made by the learned counsels for both the parties, this Court finds that the case of the petitioners is similar to those of the writ petitioners in WP(C) No. 125/2021 and WP(C) No. 26/2023 (with WP(C) No. 114/2024), wherein the petitioners were previously given compensation under the Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016 and later the compensation amount was reassessed under the Right to Fair Compensation and Transparency in Land Acquisition and Resettlement Act,

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Thus, this Court finds it fit to dispose of the present writ petition by directing the respondents to reassessed the compensation payable to the petitioners on acquisition of their landed area at Thingsai-Bualpui ‘H’- SaisihPangkhua-Sangau as per the Land Acquisition Act, 2013 by taking all the necessary steps as per law under the Act of 2013 being squarely covered by the judgment of a Coordinate Bench of this Court in WP(C) No. 125/2021 dated 21.11.2024 and WP(C) No. 26/2023 (WP(C) No. 114/2022) dated 25.11.2024.

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The writ petitioners shall furnished certified copy of this Judgment & Order along with the common Judgment & Order dated 21.11.2024 passed in WP(C) No. 125/2021 and other similar writ petitions, whereafter, the respondent authorities concerned shall take necessary steps as directed in the said common Judgment & Order.

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Accordingly, WP(C) No. 18/2025 stands allowed and disposed of as above.

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JUDGE

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Comparing Assistant

Sh. Lallawmsiama and 13 Ors. v. The State of Mizoram and 6 Ors.

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Sh. Lallawmsiama and 13 Ors. v. The State of Mizoram and 6 Ors.

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