The main legal point established is the entitlement of landowners to compensation for the occupation of their lands by government entities, as well as the violation of Article 300A of the Constitution in case of denial of compensation.

H. Baruah, J.

1. Petitioners herein are the owners of the lands under the LSCs as indicated in paragraph-2 of the writ petition, which may be reproduced as under:

(a) Sh. Lalramngaihawma - LSC No. AZL. 1759 of 1989

(b) Smt. Rozami - (i) LSC No. AZL. 1760 of 1989

(ii) LSC No. AZL. 1769 of 1989

(c) Smt. Lalthangliani - LSC No. AZL. 1761 of 1989

(d) Smt. Lalrinpuii - LSC No. AZL. 1762 of 1989

(e) Sh. Mangthanfala - (i) LSC No. AZL. 1763 of 1989

(ii) LSC No. AZL. 1766 of 1989

(f) Sh. Malsawmtluanga - LSC No. AZL. 1764 of 1989

(g) Smt. Lalzamliani - LSC No. AZL. 1765 of 1989

(h) Smt. Thangmawii - LSC No. AZL. 1767 of 1989

It would be appropriate to say at this stage that the aforesaid 10 LSCs were initially covered by Misc. Pass No. 122 of 1960 issued by the erstwhile Mizo District Council in favor of Sh. R. L. Mangchhuana, since deceased, which was subsequently converted to Periodic Patta No. 117 of 1977 by the Revenue Authorities and subsequently the lands covered by Periodic Patta No. 117 of 1977 was converted into 10 LSCs as indicated above. It would further be appropriate to say that the petitioners herein are all legal representatives of R.L. Mangchhuana, since deceased. By virtue of the LSCs issued in favor of the Petitioners, the Petitioners acquired the status of settlement holder under Section 7 of the Mizo District (Land & Revenue) Act, 1956. The lands covered under the LSCs which initially covered Periodic Patta No. 117 of 1977 fall within the Brigade area at Bawngkawn and were in occupation of the Army from 1996 till date. Per Mizo accord owners of all private lands and buildings occupied by the Army and Security Forces in Mizoram were to be paid rental compensation by the Government of India and accordingly Rs. 14.9 crores was released for disbursement among the land owners from 1966 to 1986. Petitioners were provided rental compensation for occupation of their lands amounting to Rs. 12,44,514/- for the period as indicated above in the name of the Sh. Mangthanfala, Petitioner No. 5.

2. The Respondents thereafter had conducted a joint verification of the areas under the occupation of the Army after which a list of land owners along with the areas occupied and the amount of rental compensation to such land owners for the period from 1-9-1986 to 31-12-1997 was prepared. In the aforesaid list the land of the Petitioners were also included and shown to have been entitled to get the some of Rs. 21,53,507/- payable to Petitioner No. 5 herein. The assessment so made on the basis of the occupation of the lands of the owners by the Joint Verification Team, the Army representatives agreed to take up the matter for immediate sanction of the amount with the Ministry of Defence, Govt. of India pursuant to the meeting held on 29-8-2000. The President of India conveyed ex post facto sanction of the amount of Rs. 5,19,93,771/- in respect of land measuring 183.249 acres for the period from 1-9-1986 to 31-12-1997. But the Petitioners were not given any rental compensation out of the aforesaid amount sanction by the President. Being denied Petitioners submitted representation, but were informed that the name of the Petitioner No. 5 had been dropped since the blue print made in the year 1992-93 did not cover his land. On account of non payment of the compensation for the period from 1-9-1986 to 31-12-1997, the Petitioners filed W.P (C) No. 75 of 2008 and the same was disposed by this Court vide judgment and order dated 17-11-2009, whereby and where under, the High Court was pleased to direct the Respondent Nos. 5 to 7 therein as under:

6. Having regard to all the aspects, the Respondent Nos. 5 to 7 are hereby directed to verify/ascertain as to why the Petitioners' name do not find place in the Blue Print prepared in the year 1992-93 and make a fresh verification, it the Petitioners lands are still in occupation of the Army. This verification shall be done with the assistance of the Task Force constituted by the Govt. of Mizoram vide Notificatio