The notification under Section 4 of the L.A. Act must be authorized, and claimants must prove damages and ownership to be entitled to compensation.

1. Heard Mr. B. Pathak, the learned counsel appearing for the appellants as well as Mr. Lalfakawma, the learned counsel who appears for the respondent Nos. 1 to 191. Ms. Mary L. Khiangte, the learned Govt. Advocate appears for respondent Nos. 192 and 193.

2. This is an appeal filed by the appellants, i.e., Union of India & Others against the Judgment & Order dated 15.12.2014, passed by the learned Senior Civil Judge, Aizawl District, Aizawl in Civil Suit No. 54/2012 whereby, the learned Trial Court decreed the suit in favour of the plaintiffs/private respondents directing the appellants to pay compensation to the plaintiffs/private respondents for damages suffered by them, on account of withdrawal of the process of land acquisition proceedings over their land.

3. The appellants were the defendant Nos. 1 to 3 and the State were the defendant Nos. 4 and 5 in the Civil Suit proceedings whereas, the plaintiffs in the Civil Suit, are now respondent Nos. 1 to 191 in the present appeal.

4. Be it stated herein, that the respondent Nos. 1 to 191 earlier approached this Court by filing WP(C) No. 84/2011, seeking a direction to the respondent authorities to either acquire their land as was notified or to determine compensation for damages caused to their lands, crops, trees etc., on account of the verification and survey conducted on their land. This Court after observing that the case projected by the private respondents could not be adjudicated in a proceeding under Article 226 of the Constitution of India, dismissed the writ petition vide Order dated 30.11.2011. However, the private respondents were given liberty to approach the appropriate forum to ascertain the damages if any, caused to their property after the notification under Section 4 of the Land Acquisition Act, 1894 (L.A. Act) was issued.

5. After the writ petition was dismissed in the above manner, the private respondents as plaintiffs approached the Court of Senior Civil Judge at Aizawl by filing Civil Suit No. 54/2012, claiming an amount of Rs. 14,66,44,450/- as compensation from the appellants for the damages caused to their land and crops. The private respondents further claimed payment of interest @ 12% p.a. from 08.04.2008 till realization of the amount claimed.

6. Against the Civil Suit filed by the private respondents, the appellants filed their written statement contending inter-alia that the land in question was not occupied by the Ministry of Defence though there was a proposal from the local Army authorities i.e., Station Headquarters at Aizawl, Mizoram to acquire land at Vawngawn Ram for Brigade Key Location Plan (KLP). However, since the State Government denied the proposed acquisition on account of dispute in land ownership and political issues, the proposal for acquiring the land did not materialize. The appellants maintained that the private respondents were not prevented from using and developing their land at any point of time. In fact, only a preliminary survey was conducted in the year, 2009 and the survey was not completed due to non-receipt of NOC from the State Government. The appellants also contended that sanction from the competent authority had also not been sought for acquiring the land and therefore, the Civil Suit be dismissed.

7. The Revenue Department, who were arrayed as defendant No. 4 also filed their written statement contending inter-alia that the private respondents as plaintiffs in the Civil Suit, failed to prove that they were owners of the land in Vawngawn Ram area. They disputed the amount of compensation quantified by the plaintiffs themselves, inasmuch as, the verification and assessment of crops, plants etc., was only to be carried out by the District Collector concerned in terms of the L.A. Act. They further contended that the Revenue Department as well as the District Collector, Aizawl acted upon the requisition made by the Ministry of Defence, Government of India, through their Sub-ordinate Officials such as, the D