JUDGMENT :

Heard Mrs. H.Lalmalsawmi, learned Government Advocate for the appellants and also heard Mr. Johny L.Tochhawng, learned counsel for the respondent No.1.

2. This is a Regular First Appeal directed against the judgment & order dated 09.12.2015 of Senior Civil Judge, Saiha District in Civil Suit No. 6 of 2015.

3. The facts and circumstances leading to the filing of this appeal briefly stated are as follows ;

In the year 2009, an approach road between Saiha and Thingsen village was constructed under the scheme of MGNREGS across the land of respondent No.1 without first acquiring the same under the provision of relevant laws. The respondent No.1 did not make any claim for compensation for his land. However, in 2014 in the month of August, a landslide occurred in the land of the respondent No.1 purportedly due to the construction of the road, therefore, the respondent No.1 filed a civil suit before the learned Senior Civil Judge, Saiha praying thereby for a direction to be issued to the Deputy Commissioner of the District to assess the damage cause to his land and thereafter, recommend for appropriate compensation for the same. The same was registered as Civil Suit No.06 of 2015.

After the notices were issued, the present appellants filed their written statement. The learned Civil Judge after hearing the parties framed 6(six) issues and the issues were;

“(i) whether the suit is maintainable in its present form and style or not

(ii) whether the suit is barred by law of limitation or not

(iii) whether the plaintiff as a locus standi/cause of action in respect of LSC/G/THS/15/50 of 9.12.2005 to file the instant suit against the defendants or not.

(iv) whether there was damaged of the plaintiff’s land and crops caused by the defendant No. 7 & 8 under NGREGS or not.

(v) whether the plaintiff’s had really developed the suit land and by cultivating and harvesting several crops from the suit land or not. If so, to what extend and how many crops and what type of crops

(vi) whether the plaintiffs is entitled to the relief claim or not. If so, what extend and from whom”

4. The present respondent No.1 in the present appeal produced an examine 3(three) witnesses and the appellants (the respondent in that suit) produced an examine 4(four) witnesses. After considering the evidence in the record and also after hearing the parties, the learned Senior Civil Judge allowed the suit and passed the following order;

“28. In the anvil of the above findings and judgments, the defendants no. 3 as District Collector of Saiha is directed to make assessment of the quantum of compensation to be paid to the plaintiff in accordance with the in force Land Acquisition Act and, on the basis on the damage area delineated by the Local Commissioner in the Case at hand in respect of construction of village road in between Saiha and Thingsen during December, 2009 by the defendants 7 and 8 and under the funding and Supervision/authority of the defendants 3-5 pertaining to only damage landed property (not includes crops) under LSC/G/Ths/15 of 9.12.2005 under the very scheme of Mahatma Gandhi National Rural Employment Scheme. The process of the same till submission of the same to the competent authority in the government shall be completed within one month to be reckoned from the date of this order and shall also pass an award accordingly. All procedures on the process like solatium etc. will be guided by the rigour provisions of the in force Land Acquisition Act with effect from December, 2009.

29. Defendants 1-5 being jointly liable are also directed to realize the payment/disbursement of compensation amount to the plaintiff within three months from the date of award to be passed by the defendant no.3 as District Collector of Saiha.

30. Defendants no.4 is further directed to pay costs of the Suit viz. Lawyers fee of Rs.10,000/- (ten thousand rupees), Court fees of Rs.5,000/- (five thousand rupees) and other expenses (conveyance, stationery etc.) @ Rs.5,000/- (five thousand rupe