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2015 Supreme(Gau) 1357
GAUHATI HIGH COURT
M.R. Pathak, J.
Zairemthanga and anr. - Appellant
Versus
State of Mizoram and ors. - Respondent
W.P.(C) No. 165 of 2015
Decided On : 23-11-2015
For the Respondent:Mr. Samuel Vanlalhriata Chhangte, Advocate.
Headnote:
Land Acquisition Act, 1894 - Section 18 to 28A - Compensation - Matter relates to non-consideration of petitioners - For re-determination of the amount of their acquisition compensation - As agreed by the parties, this matter is taken up for consideration at the ‘Motion’ stage itself - Purpose of construction of railway track under N.F. Railways in the State, the State Government in its Revenue Department acquired Hectares of land at Village, both under Districts determining the market value of the acquired land, which the petitioners received accordingly – Held, Petitioners sought for re-determination of the amount of compensation by filing applications before the Collector of land were received by the concerned office, on the basis of the Reference Court’s award, which are filed by the petitioners long after the expiry of three months of those two awards of the Reference Court, as prescribed - After hearing the parties and considering in the entire aspect of the matter, the impugned orders of the Deputy Commissioner, are hereby set aside and quashed and the Deputy Commissioner, is hereby directed to consider the applications of the petitioners under received by his office on, considering the maintainability of said applications of the petitioners first and then to pass appropriate order in accordance with law, considering the terms of the aforementioned settled proposition of law - Petitioners shall submit certified copy of this order before the Deputy Commissioner - Petition Allowed.
Heard Mr. Lalchhanliana Khiangte, learned counsel appearing for the petitioners and Mr. Samuel Vanlalhriata Chhangte, learned Govt. Advocate for the State respondent Nos.1 to 3.
2. Matter relates to non-consideration of petitioners’ applications dated 11.06.2015 under Section 28A of the Land Acquisition Act 1894 as amended (hereinafter referred to as L.A. Act), by the District Collector-cum-Deputy Commissioner of Kolasib District, for re-determination of the amount of their acquisition compensation.
3. As agreed by the parties, this matter is taken up for consideration at the ‘Motion’ stage itself.
4. Brief facts of the case is that for the purpose of construction of railway track from Bairabi to Sairang under N.F. Railways in the State of Mizoram, the State Government in its Revenue Department acquired 37.85 Hectares of land at Village Khamrang and 52 Hectares at Village-Mualkhang, both under Kolasib District under the provisions of the Land Acquisition Act 1894 as amended; including petitioner No.1’s land measuring about 3,76,552 Sq. Feet under Pass No. G/LSC No. 7/2008 at village-Khamrang and petitioner No. 2’s land measuring 1,18,898 Sq. Feet under Pass No. G/LSC No. G.13/1993 at village-Mualkhang. For such acquisition, Notification under Section 4(1) and Declaration under Section 6(1) of the L.A. Act was issued by the Revenue Department, Government of Mizoram, under Memo Nos.K.12011/25/2011-REV dated 02.08.2011 and 24.01.2012 respectively. The Collector of Kolasib on 28.01.2013 passed his Award being Award No. 1 of 2012 (Part-D Khamrang) and (Part-E Mualkhang), under Section 11 of the L.A. Act with regard to the acquisition of said land and paid compensation for an amount of Rs. 70,47,830/- to the petitioner No. 1 and an amount Rs. 35,86,670/- to the petitioner No. 2 for their acquired land, involved in this case, determining the market value of the acquired land @ Rs. 15/- per sq. foot, which the petitioners received accordingly.
5. Some land owners of both the villages of Khamrang and Mualkhang, whose land were also acquired by the District Collector Kolasib under the said Notification under Section 4(1) of the L.A. Act, vide No. K.12011/25/2011-REV dated 02.08.2011 preferred petitions under Section 18 of the said Act before the Collector of Kolasib District to refer the matter for determination of the Court, claiming enhancement of market value of their acquired land @ Rs. 25 per sq. foot and also for payment of interest @ 12 per annum under Section 23(1A) and Solatium @ 30% on the market value of the land under Section 23(2). Those petitions on being referred by the concerned Collector to the Court (Reference Court), i.e. the Court of learned Additional District Judge-III, Aizawl Judicial District, Aizawl., were registered as L. A. Case Nos.15 of 2013 with regard to land of person interested from Khamrang Village and L.A. Case No. 19 of 2013 with regard to land of person interested from Mualkhang Village, respectively.
6. The said Reference Court (the Court of Additional District Judge-III, Aizawl Judicial District, Aizawl) by its Judgment & Award dated 31.01.2014 passed in L.A. Case No. 15/2013 with regard to the applicants, whose land involved in Khamrang village, awarded Rs. 25/- per sq. foot as market value of the acquired land, enhancing from Rs. 15/- per sq. foot as determined by the Collector in his award dated 28.01.2013 and also granted interest @ of 12% p.a. under Section 23(1A) of the Act and Solatium @ 30% on the market value of the land under Section 23(2) of the said Act on the enhanced value of the land i.e. on Rs. 25 per sq. ft. for the said acquired land.
7. The said Reference Court by its Judgment & Award dated 06.03.2014, passed in L.A. Case No. 19/2013 with regard to the applicants, whose land involved in Mualkhang village, passed similar award as in the case of L.A. Case No. 15/2013, referred above.
8. Both the petitioners, individually on 11.06.2015 submitted their applications under Se
