Disposed

Sh. Lalhmangaihsanga and 16 Ors. v. State of Mizoram R/b the Chief Secretary to the Govt. of Mizoram and 8 Ors.

Gauhati HC9 Feb 2026WP(C)/116/2025

Case brief

AI extract

What is this about?

Petitioners claimed their lands were used for PMGSY road construction without compensation; State claimed voluntary donation but could only produce unregistered agreements for two petitioners, which pertained to different lands. Court directed spot verification within three months and payment of compensation if land was utilized.

What did the court decide?

Spot verification of petitioners' lands within three months; payment of compensation if land found utilized for road construction.

Sh. Lalhmangaihsanga and 16 Ors. Vs State of Mizoram R/b… — Land Acquisition | Gauhati HC (2026)

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GAHC030006652025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/116/2025

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Sh. Lalhmangaihsanga and 16 Ors. S/o Malsawmtluanga, R/o Haulawng, Lunglei District, Mizoram 2: Sh. T. Zathanga

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3: Sh. K. Lalhmingliana

4: Sh. Kapliana

5: Smt. Lalrinzuali

6: Sh. P. Laldenga

7: Sh. C. Rualthankhuma

8: Sh. Rokima

9: Sh. Zalawma

10: Sh. T. Lalruata

11: Sh. Hranghmingthanga

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12: Sh. K. Lalnunpuia

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13: Smt. Dosangi

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14: Sh. R. Lalrintluanga

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15: Sh. Lianchhunga

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16: Sh. C. Kapkima

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17: Smt. R. Lalnunsiam

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VERSUS

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State of Mizoram R/b the Chief Secretary to the Govt. of Mizoram and 8 Ors. MINECO, Khatla, Aizawl 2:The Secretary Land Revenue and Settlement Department

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3:The Secretary Publice Works Department

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4:The Engineer-in-Chief Publice Works Department

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5:The Chief Engineer (Roads) Public Works Department

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6:The Superintending Engineer Public Works Department

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7:The Executive Engineer Public Works Department

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8:The Chief Executive Officer Mizoram Rural Roads Development Agency

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9:The Depyuty Commissioner/District Collecto

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Advocate for the Petitioner : Mr. T. Lalzekima

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Advocate for the Respondent : Mr. Samuel Vanlalhria, Additional A.G.

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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JUDGEMENT& ORDER

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Date : 10-02-2025

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1. Heard Mr. T. Lalzekima, learned counsel for the petitioner, and Mr. Samuel Vanlalhriata Chhangte, learned Additional Advocate General, appearing for the State respondents.

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2. This writ petition, under Article 226 of the Constitution of India,

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has been filed by the petitioners, namely Shri Lalhmangaihsanga and 16 others, praying for issuance of a writ in the nature of mandamus and/or

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any other appropriate writ directing the State respondents to conduct spot verification of the petitioners’ lands and, thereafter, to acquire the lands

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used for the construction of the Haulawng to Dawn Road (PMGSY Road)

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and to pay adequate compensation. Learned counsel for the petitioners

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submitted that all the petitioners are owners of land passes under period

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patta which are located at Haulawng to Dawn Road in Lunglei District,

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Mizoram.

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3. The details of the land holding of the petitioners are shown in the

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table below:

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No.	Name	Natureofland holdings	Periodof validity
1.	Lalhmangaihsan ga	Periodic Patta No. 208501/10/193 of 2005	31.03.2027
2.	T. Zathanga	Periodic Patta No. 208504/9/37 of 2005	21.12.2024
		Periodic Patta No. 208504/10/39 of 2005	31.12.2024
		Periodic Patta No. 208504/10/04 of 2005	31.12.2024
		Periodic Patta No. 3 of 1978	31.12.2026
3.	K.	Periodic Patta No. 94 of 1978	31.12.2025
	Lalhmingliana	Periodic Patta No. 9 of 1978	31.03.2028
		Periodic Patta No. 208504/10/294 of 2009	31.03.2028
4.	Kapliana	Periodic Patta No. G-322 of 1977	31.03.2026
5.	Lalrinzuali	Periodic Patta No 209203/10/219 of 2008	Tax paid for 2019-2020
6.	P. Laldenga	Periodic Patta No. 392 of 1978	31.12.2024
7.	C. Rualthankhuma	Periodic Patta No. 209203/10/178 of 2006	31.12.2024
8.	Rokima	Periodic Patta No. G-22 of 1995	31.03.2028
9.	Zalawma	Periodic Patta No. 91 of 1996	31.12.2021
10.	T. Lalruata	Periodic Patta No. G-25 of 1996	31.03.2026
11.	Hranghmingtha nga	Periodic Patta No. 209203/10/06 of 2004	31.12.2025
12.	K. Lalnunpuia	Periodic Patta No. 209203/10/49 of 2005	31.03.2029
13.	Dosangi	Periodic Patta No. G-127 of 1977	10.07.2022
14.	R. Lalrintluanga	Periodic Patta No. 209203/10/15 of 2005	31.12.2025

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15.	Lianchhunga	Periodic Patta No. 20 of 1996	30.12.2025
16.	C. Kapkima	Periodic Patta No. 208504/10/256 of 2007	31.12.2021
17.	R. Lalnunsiami	Periodic Patta No. 34 of 2005	31.12.2025

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4. Mr. T. Lalzekima, the learned counsel for the petitioners has submitted that the respondent No. 8 had issued a Notice Inviting Tender for construction of roads under the Pradhan Mantri Gram Sadak Yojana (PMGSY) in various districts of Mizoram, including the construction of the Haulawng to Dawn Road. He further submits that the lands of the petitioners were used for dumping loose earth/soil for the said construction without obtaining any prior permission from the petitioners, as a result of which their lands were adversely affected. However, the said

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lands have neither been acquired by the State respondents nor has any compensation been paid to the petitioners.

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5. The learned counsel for the petitioners contended that the actions of the State respondents are in violation of Articles 14 and 300A of the Constitution of India. He has submitted that Article 300A of the Constitution of India provides that “no person shall be deprived of his property save by authority of law”. He submits that, in the present case, the petitioners’ lands were used for the construction of the aforesaid

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PMGSY road without payment of due compensation to them, therefore, he submits that the State respondents may be directed to conduct a spot verification to ascertain whether the lands of the petitioners have been affected due to the construction of the Haulawng to Dawn Road under the PMGSY scheme and, if so found, to initiate the process for grant of adequate compensation in accordance with law.

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6. Learned Additional Advocate General, Mr. Samuel

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VanlalhriataChhangte, has submitted that the land used for the construction of the Haulawng to Dawn Road had been voluntarily donated by the respective landowners. However, he further submits that land donation agreements could be traced only in respect of petitioner Nos. 4 and 17, and that no such land donation agreements could be traced out in respect of the other petitioners.

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7. The learned Additional Advocate General, however, has fairly submitted that the State respondents were not averse to the petitioners’ prayer for seeking spot verification to ascertain whether the lands belonging to the petitioners had been affected due to the construction of the Haulawng to Dawn Road under the PMGSY scheme. He further submits that the payment of compensation, if any, would be subject to the petitioners being in possession of valid Periodic Pattas.

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8. Learned counsel for the petitioners, in response to the

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submissions made by the learned Additional Advocate General, submitted that the mode of transfer of land by way of an affidavit or an unregistered agreement is not recognised by law, as such a mode of transfer is neither recognised under the Transfer of Property Act, 1882 nor under the Mizoram Land Revenue Act, 2013. He submitted that Section 100 of the Mizoram Land Revenue Act, 2013 mandates that all valid transfers of land shall be compulsorily registered within the State in accordance with the provisions of the Indian Registration Act.

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9. In the instant case, the affidavits and agreements relied upon by the State respondents are unregistered documents and, therefore, have no legal validity. He has further submitted that the affidavit for land donation referred to by the State respondents, stated to have been executed by petitioner No. 4, even if taken at face value, pertains to a different land pass. According to him, petitioner No. 4 is aggrieved by nonpayment of compensation in respect of land covered under Periodic Patta No. 322 of 1977, whereas the affidavit annexed by the State respondents in their affidavit-in-opposition pertains to land under Land Pass No. 13/1996, hence, the same is of no help to the State respondents.

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10. He has further submitted that, in respect of petitioner No. 17, the

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affidavit relied upon by the State respondents bears the signature of one

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R. Lalnunsiama, who appears to be a male person, whereas the name of the petitioner No. 17, is R. Lalnunsiami. Accordingly, he has submitted that the said affidavit/agreement also do not come to the aid of the State respondents.

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11. I have considered the submissions made by the learned counsel for both sides and have gone through the materials on record.

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12. Apparently, it appears that the affidavits/agreements of land donation annexed by the state respondent in their affidavit-in-opposition do not pertain to the any of the present petitioner in respect of the land over which they are claiming compensation.

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13. As submitted by learned counsel for the petitioners, with regard to petitioner No. 17, it appears that although the name of the petitioner is R. Lalnunsiami, the affidavit of land donation/Memorandum of Understanding

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is shown to have been signed by one R. Lalnunsiama. Moreover, the affidavit/Memorandum of Understanding in respect of petitioner No. 4 also appears to be in connection with land covered under Land Pass No. 13 of 1996, whereas, the said petitioner is claiming compensation in respect of land covered under Periodic Patta No. 322 of 1977, which is a different plot of land.

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14. Further, in respect of the other petitioners, the State respondents

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have not been able to produce any document showing donation of their land for the construction of the Haulawng to Dawn Road. If the lands of the petitioners are found to have been utilised for the construction of the aforesaid road, they would be entitled to due compensation for such utilisation, as under Article 300A of the Constitution of India no person can be deprived of his property save by authority of law.

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15. In view of the fair submission made by the learned Additional Advocate General that the State respondents have no objection to the prayer for spot verification of the petitioners’ lands to ascertain whether the same have been utilised for the construction of the Haulawng to Dawn Road, this writ petition is disposed of with a direction to the State respondents to conduct spot verification of the lands of the petitioners to ascertain whether the said lands have, in any manner, been utilised for the purpose of construction of the Haulawng to Dawn Road, within a period of three (3) months from the date of this order.

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16. During such spot verification, the petitioners and/or their authorised representatives shall also remain present. If, upon such spot verification, it is found that the petitioners’ lands have been utilised for the construction of the Haulawng to Dawn Road, the State respondents shall

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take appropriate steps for payment of due compensation to the petitioners

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in accordance with the prevailing law.

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17. With the above observations, this writ petition is disposed of.

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JUDGE

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Comparing Assistant