Sh. Lalawmpuia and 7 Ors. Vs State of Mizoram and 5 Ors.

permitting the Bru National Liberation Front (BNLF) returnees to construct house building at old Kananthar Bawk without the knowledge or consent of the petitioner, who are the rightful land owners of the disputed land area.

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The petitioners had earlier approached this court by filing WP(C) No. 118/2013, WP(C) No. 170/2015 and WP(C) No. 120/2016, directing the State respondents to conduct spot verification as to whether the land of the petitioners have been used for re-settlement of the Bru National Liberation Front (BNLF) returnees. In compliance with the Judgment & Order passed by the Coordinate Bench of this court, in WP(C) No. 118/2013, WP(C) No. 170/2015 and WP(C) No. 120/2016, the Deputy Commissioner, Mamit District had conducted joint verification in respect of the land of the petitioners on 09.11.2016, 31.10.2016 and 07.11.2016 respectively.

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Thereafter, the meeting was held under the Chairmanship of the Chief Secretary on 16.10.2020 (Annexure -7), wherein as per the minute of the meeting, it was held that due to certain questions raised on the authenticity Public Periodic Patta/Passes of the petitioners, the Deputy Commissioner, Mamit was to have a thorough investigation of the case and submit its report with supporting documents to the Government immediately. A realistic assessment was to be done regarding the damages to the crops and trees by following the

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due process of law.

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A meeting was then again convened on 01.03.2021 (Annexure – 8) to discuss the matter regarding the compliance of the Judgment & Order of this court in the WP(C) No. 118/2013, WP (C) No. 170/2015 and WP(C) No. 120/2016, wherein it was decided subject to the approval of the Government, the land of all the 8 petitioners and the land of Pu Lairokhuma (not a petitioner) may be purchased by way of negotiated purchase i.e. for crops and land value.

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Thereafter, the Secretary to the Government of Mizoram Land Revenue & Settlement Department issue the notification dated 24.09.2021 (Annexure - 9), by stating that the General Administration Department requires the plot of land belonging to 8 (eight) petitioners and Pu Lairokhuma in WP(C) No.118/2013, WP(C) No. 170/2015 and WP(C) No. 120/2016 at Damdiai village, Mamit District for accommodation of Bru National Liberation Front (BNLF) returnees.

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The Government of Mizoram concurred the proposal of direct purchase for all the acquired land by the department in compliance with the High Court Order and minutes of the meeting dated 01.03.2021, without the requirement to follow the procedure of the Terms of Reference (ToR) of the Departmental Land Selection & Purchase Board – Point No. 4 – 9 of the ToR being exempted.

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The learned counsel submitted that a meeting was again held on dated

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08.10.2021 (Annexure – 10) under the Chairmanship of the Chief Secretary, wherein it was decided that further thorough enquiry and verification should be done regarding the genuineness of the Periodic Patta’s and the claim of crops and trees forwhich the petitioner’s claimed compensation.

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Accordingly, a report was submitted on 02.03.2022 by the Director, Land Revenue & Settlement Department to the Under Secretary, Land Revenue & Settlement Department enclosing the report to the Settlement Officer, Land Revenue & Settlement Department, Mamit District dated 16.02.2022 showing the names of the petitioners, the Pass Number of the petitioners and the Government approved orders vide the respective order numbers which is annexed as Annexure - 12 in the writ petition.

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The learned Senior Counsel submitted that since the respondent authorities have verified the correctness and the genuineness of the landed properties of the petitioners along with the damages caused to the crops, the petitioners may be paid the compensation on the occupation of the landed properties by the Bru National Liberation Front (BNLF) returnees.

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Mrs. Linda L. Fambawl, learned Addl. Advocate General submits that as

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per the counter-affidavit of the State respondents, due verification is to be done

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regarding the genuineness of the passes of the petitioners and the damage to the crops of the petitioners as claimed by them due to the occupation of their landed properties by the Bru National Liberation Front (BNLF) returnees.

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I have considered the submissions made by the learned counsels for both the parties.

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It is seen that the claim of the petitioners is that the land of the petitioners covered by their respective Periodic Patta were occupied by the Bru National Liberation Front (BNLF) returnees and that the respondent should be directed to give back the vacant position of their land or to acquire the same as per law.

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It is also seen that the petitioners had previously approached this court in WP(C) No. 118/2013, WP(C) No. 170/2015 and WP(C) No. 120/2016, wherein, the State respondents were directed to verify whether the landed properties of the petitioners were occupied by the Bru National Liberation Front (BNLF) returnees and if so, for payment of compensation as per law. Thereafter, the respondent had conducted spot verification on 09.11.2016, 31.10.2016, 07.11.2016 and again as recently on 16.02.2022. As per the report of the spot verification conducted by the respondents, it was found that the landed properties of the petitioners were occupied by the Bru National Liberation Front

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(BNLF) returnees. The spot verification report dated 16.02.2022 show that the petitioners were owners of their landed properties being issued land passes vide various notification made by the State respondents. It is also seen that the State respondents held various meetings on 06.10.2020, 01.03.2021 and had issued a notification dated 24.09.2024 acknowledging that the landed properties of the petitioners being occupied by the Bru National Liberation Front (BNLF) returnees was to be acquired by way of direct purchase and by overcoming point No. 4 – 9 of the Terms of Reference (ToR) of the Departmental Land Selection & Purchase Board.

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In view of the above steps already taken by the State respondents, wherein the State respondents did not denied the fact that landed properties of the petitioners were duly occupied by Bru National Liberation Front (BNLF) returnees, this court finds that the ends of justice would be met by directing the State respondents to take into consideration the most recent verification report 16.02.2022 and thereafter, take steps for payment of compensation to the petitioners as per law or to handover the vacant position of the landed properties to the petitioners.

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