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2020 Supreme(Gau) 552
GAUHATI HIGH COURT (AIZAWL BENCH)
Michael Zothankhuma, J.
Union Of India - Appellant
Versus
Lalmuankimi - Respondent
Regular First Appeal No. 47 of 2012
Decided On : 20-05-2020
Zairemsangpuii, Advocate, Dinari T Azyu, Advocate, Victor L Ralte, Advocate, K. Roland, Advocate, H. Lalmalsawmi, Advocate
The central legal point established in the judgment is the validity of Land Settlement Certificates and the legality of occupation under the Mizo District (Land and Revenue) Act, 1956.
Headnote:
Land Settlement Certificates - Occupation of Land - Mizo District (Land and Revenue) Act, 1956 - Summary
Fact of the Case:
The appellants, Union of India, filed a Regular First Appeal against a judgment directing them to pay rental charges for occupying lands covered by Land Settlement Certificates (LSC) issued to the respondent. The respondent claimed ownership of the land and sought rent and damages for occupation by the Border Roads Task Force (BRTF). The appellants contended that they occupied the land based on a Temporary Permit issued by the Mizo District Council and challenged the validity of the LSCs.
Finding of the Court:
The Trial Court found the suit maintainable, upheld the validity of the LSCs, and declared the Temporary Permit null and void. It held the BRTF's occupation illegal and directed the appellants to pay rent, compensation, and vacate the land.
Issues: Validity of LSCs, jurisdiction of the Trial Court, legality of occupation by BRTF, entitlement to relief, and limitation of the suit.
Ratio Decidendi: The Court upheld the validity of the LSCs issued under the Mizo District (Land and Revenue) Act, 1956, and declared the Temporary Permit null and void. It found the BRTF's occupation illegal and directed the appellants to pay rent and compensation. The suit was held to be within the limitation period for claiming rent for the preceding 3 years.
Final Decision: The appeal was disposed of with modifications to the judgment, affirming the direction to pay rental charges and setting aside the compensation for damaged crops.
JUDGMENT
Michael Zothankhuma, J. - Heard Ms. Zairemsangpuii, learned CGC appearing for the appellants. Also heard Mrs. Dinari T. Azyu, learned counsel for the respondent No. 1 and Mrs. H. Lalmalsawmi, learned counsel for respondent Nos. 2 to 6.
2. This is a Regular First Appeal filed by the Union of India against the Judgment & Decree dated 17.08.2012, passed by the Court of Senior Civil Judge, Aizawl in Title Suit N. 4/1989, by which the appellants have been directed to pay rental charges for occupation of the lands of the respondent No. 1 covered by two Land Settlement Certificates i.e., LSC No. KLB 44/1985 and LSC No. KLB 45/1985, by the Border Roads Task Force (BRTF). The Trial Court also decreed that the land document issued to the appellants by the Mizo District Council in respect of the occupied land i.e., Temporary Permit No. 4/1970, was not lawful and as such, it was declared null and void. It may be pointed out at the outset that the lands occupied by the appellants and for which they were directed to pay rent is covered by two sets of land documents. The respondent No. 1 claims title to the land on the basis of LSC Nos. KLB 44/1985 and KLB 45/1985, while the appellants claim their right to occupy the land on the basis of Temporary Permit No. 4/1970.
3. The brief facts of the case, as narrated by the respondent No. 1/plaintiff is that her father, R. Thansanga (L), was allotted a plot of land for dwelling plus garden at Kolasib Hmar Veng, Kolasib, Mizoram in the year 1942, by the then Chief (Lal) namely Shri Vankhuma. Her father had planted various kinds of fruit bearing trees within the land. In the year 1963, her father sold portions of the land to Shri. J. Manliana (L), Smt. Biakkungi and Shri Lalhlira. In the year 1972, Permit bearing No. 10 of 1972 was issued over the land by the Revenue Officer of the erstwhile Mizo District Council. Even though portions of the land were sold to the three persons as early as 1963, the Pass/Permit for the land was in the name of her father (R. Thansanga) till 1985. In the year 1985, Land Settlement Certificate (LSC) was issued in the name of her father, over the remaining portion of the land measuring an area of 10,880.72 Sq.ft. vide LSC No. KLB 45 of 1985.
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The further case of the respondent No. 1 in respect of LSC No. KLB 44/1985 is that in the year 1960, the father of the respondent No. 1/plaintiff was allotted another plot of land by the Mizo District Council, vide House Pass No. 30 of 1960. The same was superceded by District Council vide Pass No. 457 of 1963. Her father planted different kinds of fruit bearing trees on the said land. The father of the respondent No. 1 applied to the Director, Land Revenue & Settlement Department, Government of Mizoram for issuing Land Settlement Certificate (LSC) in respect of District Council Pass No. 457/1963. The Government of Mizoram thereafter issued LSC No. KLB 44 of 1985, supeceeding Pass No. 457 of 1963.
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4. In the month of August 1966, the BRTF personnel occupied respondent No. 1''s father''s lands mentioned above and during their occupation, the BRTF destroyed about 85 Orange trees, 105 Assam Lemon trees, 20 Mango trees, and some Zawngtah trees. The BRTF continued the occupation of the land without paying any rent or compensation.
5. Being aggrieved by the damage caused to the land and due to non- payment of rent for occupation of the lands by the BRTF, the respondent No. 1/plaintiff filed Title Suit No. 4/1989. The prayer of the respondent No. 1/plaintiff in Title Suit No. 4/1989 was for a decree declaring that the respondent No. 1 was the owner of the lands covered by LSC No. KLB 44/1985 and KLB No. 45/1985. The other prayers were for payment of rent @ Rs. 779.40p per month from August 1966 till vacant possession of the land was given to the respondent No. 1 and for damages caused to the land. The rate of rent had been worked out by the office of the Deputy Commissioner as follows; Rs. 453 per month for LSC No. KLB 44/1985
