JUDGMENT :

Nelson Sailo, J.

1. Since the issues involved in all the three (3) cases are similar, identical and are connected to Award No. 5/2012, they are taken up together and disposed of by this common judgment and order.

2. Heard Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. Ruth Lalruatfeli for the appellants in L.A. Appeal No. 3/2019. Also heard Mr. A.R. Malhotra, learned counsel for the appellants in L.A. Appeal No. 4/2019 and L.A. Appeal No. 5/2019. I have also heard Mr. Ali Hussain, learned Standing counsel, N.F. Railway, who appears for the respondent No. 2 in all the three cases and similarly, Mr. C. Zoramchhana, learned Additional Advocate General, who also appears for the respondent No. 1 in all the three cases.

3. The appellants in L.A. Appeal No. 3/2019 have preferred their appeal against the Judgment & Order dated 27.05.2019, passed by the Additional District & Sessions Judge, Aizawl in L.A. Case No. 34/2013 dismissing the case of the appellants.

4. The case of the appellants in brief is that being dissatisfied with Award No. 5/2012, which was pronounced for compensating land owners for acquisition of their land for construction of New Railway Line from Bairabi to Sairang, they approached the District Collector, Aizawl by filing a reference application under Section 18 of the Land Acquisition Act, 1894 (L.A. Act). The District Collector accordingly forwarded the reference application to the District Judge, Aizawl on 24.07.2013 for consideration and adjudication as per law. By the said reference application, the appellants claimed for payment of compensation towards the value of their land @ Rs. 60 per sq.ft., compensation for crop damages, solatium @ 30% of the award and interest as per law. The reference application was taken up by the Additional District Judge-I, Aizawl and vide Judgment & Order dated 07.08.2014, the Court directed the District Collector to make a Supplementary Award by including the value of the land of the reference applicants and calculating the same @ Rs. 60 per sq.ft. alongwith 30% solatium and 12% interest as per the L.A. Act, within a period of 2 (two) months from the date of the award.

5. The N.F. Railway, being aggrieved filed an appeal before this Court, which was registered as RFA No. 30/2014. The appellants also filed their cross objection, which was registered and numbered as CO No. 4/2015. Both the appeal and the cross objection came to be disposed of vide Judgment & Order dated 04.02.2016, by remanding the matter back to the Reference Court with a direction to take evidence with regard to the land covered by House Pass, Periodic Patta, VC Pass and Permits to ascertain whether the pass holders have a right for title of ownership over the said land. The same was directed to be done by taking additional recourse to the provisions of the land laws applicable to the State of Mizoram at the time of pronouncement of Award No. 5/2012. The Reference Court was also directed to make a finding as to whether the VC passes issued are in conformity with Section 3 of the Lushai Hills District (House Site) Act, 1953 (House Sites Act), by giving opportunities to the parties to give their evidence.

6. After the case was remanded back in the above manner, the L.A. Judge vide the impugned Judgment & Order dated 27.5.2019 dismissed the reference application. The appellants thus being aggrieved are again before this Court in appeal.

7. Mr. L.H. Lianhrima, learned Senior counsel submits that this Court, after setting aside the Judgment & Award dated 26.8.2014 passed by the Additional District Judge-I, Aizawl in L.A. Case No. 34/2013 remanded the case back to the L. A Judge for taking a fresh decision by taking into account the issues mentioned in the order. However, the Court below not only did not hear the parties but failed to discuss the oral and documentary evidence adduced by the rival parties and dismissed the reference application. He submits that the appellants are holders of Periodic Patt