The court emphasized the need for verification of the impact of road construction on the petitioners' lands and the determination of compensation or damages accordingly.

Michael Zothankhuma, J.

Heard Mr. Lalfakawma, learned counsel for the petitioners. Also heard Ms. Linda L. Fambawl, learned Government Advocate for the respondent Nos. 1 to 4. Ms. Zairemsangpuii, learned CGC appears for respondent Nos. 5 & 6.

No one appears for the respondent Nos. 7 & 8 though notice had been served upon the respondent No. 8. It is also to be noted that as there is no post of Secretary, Land Revenue & Settlement Department, Mara Autonomous District Council (MADC, Siaha there cannot be service of any notice upon respondent Nos. 7. Accordingly, the respondent No. 7 is struck off as a party from the case.

2. The petitioners case in brief is that due to construction of Zawngling-Mawhre-Chapui road in the year 2014, the lands and houses of some of the petitioners herein were damaged.

3. The petitioners counsel submits that for construction of the Zawngling-Mawhre- Chapui road, the respondent No. 4 had issued Draft Award No. 2/2013 on 13.01.2014, wherein compensation was provided to land owners for acquisition of land under the Land Acquisition Act, 1894 (in short LA Act, 1894).

4. The petitioners counsel submits that as the petitioners names were not included in the Draft Award, representations were sent by the petitioners to the authorities for acquisition of their lands and for payment of compensation for damages. However, the same has not been considered by the respondents till date. He prays that a direction may be issued to the respondents for constituting a verification team to verify the lands of the petitioners. In the event, the verification team comes to a finding that the Zawngling-Mawhre-Chapui road has been constructed over the lands of the petitioners, the respondents should be directed to acquire the same and pay compensation as per law. In respect of those cases where there is only damage to the property of the petitioners, he submits that compensation for the damage should be paid as per law.

5. Ms. Zairemsangpuii, learned CGC submits that the respondent Nos. 5 & 6 have already paid the amount awarded as compensation for acquisition of lands as per Draft Award No. 2/2013. However, in view of the claims made by the petitioners, the respondent Nos. 5 & 6 do not have any objection if a verification team is constituted to verify the grievances of the petitioners.

6. Mrs. Linda L. Fambawl, learned Government Advocate for the respondent Nos. 1 to 4 submits that she has no comments to make in this matter, as the land records are all in the custody of the Mara Autonomous District Council (MADC).

7. I have heard the learned counsels for the parties.

8. The questions raised and the issue that has to be decided cannot be decided in this writ petition, as these are disputed questions of fact.

9. The respondent Nos. 5 & 6 in paragraph 15 of the affidavit-in-opposition has stated as follows:-

"15. That in reply to para No. 14 of the writ petition. The answering respondents stated that a joint verification should be done regarding genuineness of above mentioned 50 petitioners land whether their land lies in the right of way of aforesaid road or not land genuineness of their garden/land pass should be checked by concerned authority through DC Siaha and correctness of procedure of land acquisition adopted for Award No. 2 of 2013 should also be checked by present DC Siaha. There is no default from our side."

10. In view of the consent of the parties and keeping in view the facts of this case, the respondent No. 4 and the Senior Revenue Officer of the MADC, Siaha are directed to constitute a verification team comprising of officials of the office of the DC Siaha, MADC and the respondent Nos. 5 & 6. The team so constituted shall verify whether the lands of the petitioners have been affected by the construction of the Zawngling-Mawhre-Chapui road.

11. In the event the verification team comes to a finding that the road has been constructed through the lands of the petitioners herein, the respondents shall initiate proceedi