SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(Gau) 1083

UJJAL BHUYAN, NELSON SAILO
Young Lal Association (YLA) Lawngtlai-III Branch Represented by its President Sh. Aldrin Laltanpuia – Appellant
Versus
State of Mizoram, Represented by the Chief Secretary to the Govt. of Mizoram – Respondent


Advocates Appeared:
For the Petitioner:Mr. C. Lalfakzuala, Mr. Reuben L. Tochhawng, Ms. Ruth Lalchhanzuali Varte, Mr. Saithangpula Sailo and Ms. Malsawmdawngliani, Advocates.
For the Respondent: Mr. Samuel Vanlalhriata Chhangte, G.A, Mizoram.

JUDGMENT AND ORDER :

Ujjal Bhuyan, J.

Registry to register this reference as a separate proceeding.

2. We have heard Mr. C. Lalfakzuala, learned counsel for the petitioners and Mr. Samuel Vanlalhriata Chhangte, learned Government Advocate for the State respondents.

3. This matter is before us (Division Bench) on a reference made by the learned Single Judge taking a view different from the views expressed by concurrent Bench in previous writ petitions.

4. Question which has been referred to us for decision is as under:-

"Whether a writ petition claiming interest and solatium under the Land Acquisition Act of 1894, which power vests with the Reference Court under Section 23 (1A) and 23(2) thereof, is maintainable in the absence of any reference being made to the Court in terms of section 18 of the Act and that too when the petitioner has already accepted the awarded compensation?"

5. Though it may not be necessary to refer to in details the factual narrative of the case, however, for placing the reference in the correct perspective, it would be apposite to extract the order dated 19.08.2015 of the learned Single Judge while making the reference as the said order has succinctly summed up the


























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top