Gauhati High Court
Ujjal Bhuyan, J.
R. Zarzoliana and Ors. - Appellant
Versus
State of Mizoram and Ors. - Respondent
Writ Petition (C) No.27 of 2012
Decided On : 19-02-2013
Land Acquisition Act, 1894 - Section 4(1) - Mizoram District Act, 1963 - Legality and validity of order - Declaring Land Settlement Certificates of the petitioners as invalid - By way of this petition, petitioners, 29 in numbers, have challenged the legality and validity of order issued by the Director, Land Revenue and Settlement, declaring Land Settlement Certificates of the petitioners as invalid, approval of the Government of to the cancellation of Land Settlement Certificates and the order issued by the Director, Land Revenue and Settlement, cancelling the Land Settlement Certificates of the petitioners - Held, Therefore, it was held that the said action was not in violation of the Government order - Moreover, that was a case where the petitioners were held entitled to limited compensation under Agricultural Land Settlement Certificates - In the present case, the LSCs were issued for the first time after the restriction order - However, the present petitioners were also given limited compensation for standing crops. Facts and issue in the present case are qualitatively different from that case - Issue in the present case is as to whether the authority could have issued the LSCs to the petitioners after the Government order - Considering the background facts of the present case as already noticed, the answer to the question posed above can only be in the negative - In such circumstances, the Court is of the unhesitant view that petitioners are not entitled to any relief - Petition dismissed.
2. Facts of the case as projected in the writ petition may be briefly noted.
3. Petitioners, except petitioner Nos. 9 and 10, claim to be owners of different plots of land settled in their favour by the respondents under the Mizo District (Land and Revenue) Act, 1956. Land Settlement Certificates (LSCs) were issued to the petitioners on various dates in the years 1986 and 1987. Petitioner Nos. 9 and 10 claim to be owners of plots of land settled in their favour by the respondents under the Mizo District (Agricultural Land) Act, 1963. LSCs were also issued to them in the year 1987. All the lands claimed by the petitioners as belonging to them are located at Zemabawk in the district of Aizawl.
4. Government of Mizoram in the Revenue Department issued notification dated 14-05-1985 under section 4(1) of the Land Acquisition Act, 1894 stating that lands located at Zemabawk falling within the old Zokhawsang village and its surrounding areas were earmarked for the 1st Assam Rifles. Affected persons were asked to submit their claims for compensation in writing to the Deputy Commissioner, Aizawl. It was also notified that further construction of houses etc. and plantation of new crops in the scheduled area was restricted w.e.f. the date of the notification until further notice. Description of the land proposed to be acquired was given in the schedule.
5. One month thereafter, Deputy Secretary to the Government of Mizoram, Revenue Department passed an order on 14-06-1985 declaring that allotment of land to private individuals following Government notification dated 14-05-1985 was restricted / frozen along the main national highway and the road bending to old Zokhawsang village earmarked for shifting of 1st Assam Rifles. All concerned authorities were instructed not to entertain applications for allotment of land within the above area.
6. Thereafter, declaration under section 6 of the Land Acquisition Act, 1894 was made by the Deputy Secretary on 01-10- 1985 declaring that Government of Mizoram had decided to acquire the land at Zokhawsang village in the district of Aizawl for shifting of 1st Assam Rifles. It was stated that due compensation as assessed by the Collector would be paid to the land owners.
7. Secretary to the Government of Mizoram, Revenue Department (respondent No.2) issued another notification dated 13- 08-1987 under section 4(1) of the Land Acquisition Act, 1894 (for short “LA Act”) stating that land in the proximity of the area between the site allotted to the Church for locating Theological College and NH 54 (Aizawl-Lunglei road) at Zokhawsang in the district of Aizawl was likely to be needed for a public purpose i.e., to be included in the area allotted to the Assam Rifles. Objections under section 5A of the LA Act were called for within 30 days. Thereafter, notification under section 6 of the LA Act was issued by the respondent No.2 on 20-11-1987. The Collector of Aizawl district was directed to take order for acquisition of the said land having total area of about 31 hectares approximately.
8. Director of Land Revenue and Settlement, Mizoram (respondent No.3) issued letters to the petitioners on 19-04-1988 to submit their LSCs to him before 10-05-1988.
9. The Collector / Deputy Commissioner, Aizawl district (respondent No.4) issued order on 25-04-1988 under section 17 of the LA Act taking over possession of the said land w.e.f. 26-04-1988. It was stated
State of Haryana-vs-Mukesh Kumar and Others (2011) 10 SCC 404. (Para 19)
Union of India -Vs- Tulsiram Patel (1985) 3 SCC 398. (Para 21)
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