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2016 Supreme(Gau) 733

MICHAEL ZOTHANKHUMA
Sh. A. H. Lalbiaktluanga, S/o Lallianbuta, R/o Bethlehem Vengthlang, Aizawl, Mizoram – Appellant
Versus
State of Mizoram represented by the Chief Secretary to the Govt. of Mizoram – Respondent


Advocates Appeared:
For the Petitioner:Mr. Johny L. Tochhawng and Mr. B. Lalthlamuana, Advocates
For the Respondents:Mr. A.K. Rokhum, Addl. Adv. General Mizoram, Mr. Ali Hussain, Advocate

JUDGMENT AND ORDER :

Michael Zothankhuma, J.

Heard Mr. Benjamin Lalthlamuana, counsel for the petitioner. Also heard Mr. Samuel Vanlalhriata Chhangte, learned Government Advocate as well as Mr. Ali Hussain, counsel for the respondent No. 5.

2. The petitioner's counsel submits that the petitioner is the owner of land covered by Garden Pass No. 858 of 2004 issued by the Village Council. The petitioner's counsel submits that the petitioner's land was badly damaged due to construction of new Railway Line from Bairabi to Sairang and compensation was neither assessed nor paid to him.

3. The petitioner's counsel prays that a direction should be issued to the respondents to assess and pay compensation for damage to the crops and to acquire the land belonging to the petitioner, which was damaged by the respondents, in accordance with the Land Acquisition Act, 1894.

4. Mr. Samuel Vanlalhriata Chhangte, Government Advocate submits that the question of validity of the petitioner's land pass would also have to be gone into. He also submits that the present matter should be dismissed as there are factual disputes. Learned counsel for the State respondents also submits that no specific particulars hav


























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