JUDGMENT AND ORDER :

M.R. Pathak, J. (CAV)

Heard Ms. Zairemsangpuii, learned CGC appearing for the appellants and Mr. C. Lalramzauva, learned senior counsel assisted by Mr. Jonathan L. Sailo, learned counsel for the respondent Nos. 1 and 2.

2. The present respondent Nos. 1 to 3 alleged that the appellants herein and the respondents No. 4 to 7 damaged their land at Aizawl-Lunglawn road, Lunglei by entering forcefully and therefore they as plaintiffs filed a suit against the appellants and respondent nos. 4 to 7 being Title Suit No. 5/2004 before the Court of Additional District Magistrate, Lunglei, Mizoram praying for a decree for payment of compensation towards damages with interest @ 12% from the date of cause of action arose till the full payment is made, for a decree that the defendants shall not to encroach their land involved in the suit in further and further for a decree for payment of the cost of the suit payable by the defendants.

3. The contention of the plaintiffs respondents Nos. 1 to 3 are that they are the lawful land holders of patta land at Aizawl-Lunglawn road, Lunglawn, Lunglei through (i) LSC No. 440/1984 comprising an area of 769 sq. feet, (ii) LSC No. 878/1990 comprising an area of 3050 sq. feet and LSC No. 7/1978 comprising an area of 4843 sq. feet respectively and the defendants while widening the National Highway between Aizawl and Lunglei forcibly encroached their said land involved in the case and destroyed the same by depositing huge amount of moulded excavated soil over it and thereby destroyed the interest and the production of the said land. In their said plaint the plaintiffs also contended that the present appellants, i.e. the Border Task Force by encroaching their land, deposited large volume of excavated soil over it using JCB and Bull dozers and also dragged their said land by which they endangered their life, making the plaintiffs unable to build or construct any house over it. It was also stated that though the plaintiffs approached the defendants they did not pay any heed to it. The plaintiffs submitted that the cause of action that suit arose on 10.03.2003 when the plaintiffs had to abandon their land owing to the encroachment made by the defendants' appellants.

4. To established their claims the plaintiffs with their said pliant enclosed Xerox copies of their LSCs mentioned above.

5. The present appellants, the defendants Nos. 1 to 5 on receipt of summon entered into the suit and contested the matter by filling their written statement. During pendency of the said suit, the original plaintiff Nos. 1 and 2 expired and they were duly substituted by their legal representatives on their application which were allowed by the Court vide Order dated 09.07.2007. Though the present appellants as defendants No. 1 to 5 filed objection in the suit stating that it was barred by limitation, bad for non-joinder of parties, no cause of action arose against them and that the suit is liable to be rejected on the ground of latches waiver and acquiesce and that the plaint is incomplete in its material particulars. In their written statements the defendants present appellants also stated that land, structures entries etc. standing over the land effected for widening the road between Aizawl to Lunglei was jointly assessed by a Joint Enumeration Committee (JEC) comprising the Officers of the Government of Mizoram including Deputy Commissioner of Lunglei, Settlement Officer, concerned Village Councils, residents of the concerned locality and that such enumerations were done in presence of the representatives of the present appellants BRTF and the effected land owners and thereafter, the said JEC prepared the assessment of compensation payable to the effected land owners. It was further stated in their written statement that the damage compensation so assessed for the land and the trees, structure standing over such land were deposited to the Deputy Commissioner, Lunglei in 2002 itself, which were paid to the land owne

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