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2011 Supreme(Gau) 903

UJJAL BHUYAN
State of Mizoram – Appellant
Versus
C. Lalbiakthanga – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. Aldrin Lallawmzuala
For Respondents/Defendant: Mr. L.H. Lianhrima

JUDGMENT

Ujjal Bhuyan, J.

1. The respondent is the owner and possessor of a plot of land measuring 15 bighas under Periodic Patta No. 346/76 located at Pukpui in the district of Lunglei, Mizoram. The said land was developed by the respondent and his family members where they cultivated various-crops and vegetables yielding good returns. According to the respondent, this was the main source of income and sustenance. For the construction of the Aizawl-Thenzawl-Lunglei road under the World Bank Aided Project, it became necessary to acquire the aforesaid land of the respondent. Accordingly, land acquisition process was initiated on 14-3-2001 by issuance of notice under Section 4(1) of the Land Acquisition Act, 1894. Ultimately, an award No. 1 W. B of 2003 was passed on 20-9-2003. Land acquired was 48958.00 sq. ft. and the compensation awarded was Rs. 1,00,048.00.

2. The State Government of Mizoram has prepared a policy called the "Resettlement and Rehabilitation Policy" which is applicable to the World Bank Aided projects for construction of roads in the State of Mizoram. According to Clause 2.3 of the said policy, all the acquisition of private lands would be carried out under the Land A





























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