Point of Law : Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation.” The statutory provision may cause hardship or inconvenience to a particular party but Court has no choice but to enforce it giving full effect to same. The legal maxim “duralexsedlex” which means “the law is hard but it is the law”, stands attracted in such a situation.

JUDGMENT :

Heard Mr. Sanjay Kumar Medhi, learned counsel for the applicants alongwith Mr. L.H. Lianhrima, learned senior counsel representing respondent Nos. 1-100 and Mr. C. Zoramchhana, learned Addl. Advocate General, Mizoram appearing for respondent Nos. 102-106.

2. This is an application under Order XLI Rule 3A of the Code of Civil Procedure read with Section 5 of the Limitation Act for condonation of 1411 days in preferring the appeal.

3. Mr. S.K. Medhi, learned counsel for the applicants submits that the appellants/applicants have preferred an appeal against the Judgment & Order dated 06.10.2017 passed by the learned Senior Civil Judge, Aizawl in Civil Suit No. 29 of 2013, whereby the Senior Civil Judge decided all the issues in favour of the plaintiff (the respondents in the instant case) and passed the following order.

“Assessment and payment of rental compensation to the plaintiffs by the defendants for occupation of their lands should be strictly in accordance with the Mizoram Urban Areas Rent Control Act, 1974. Accordingly, the Defendant No. 9, the Deputy Commissioner, Aizawl is hereby directed to fix the rental charge in respect of the lands of the plaintiffs and make assessment as per the relevant Act with effect from 01/01/2008 till date within a period of three months from the date of receipt of this order. The Deputy Commissioner, Aizawl is to note the fact that the Union of India and others have continuously been occupying the land of the plaintiff w.e.f. the year, 1966 and revision of the rental charge should be done after every five years as per relevant Act.

The Defendant Nos. 1 to 3 (Union of India & Ors.) shall make payment of rental charge commencing from 01/01/2008 till date within a period of four months from the date of receipt of assessment of rental compensation from the Defendant No. 9, the Deputy Commissioner, Aizawl and deposit the same by way of cheque to the Deputy Commissioner, Aizawl for further disbursement to the plaintiffs.

The Defendant No. 9, the Deputy Commissioner, Aizawl District, Aizawl shall, on perusal of the records maintained by their office, prepare arrears of rental charges in respect of plaintiff Nos. 53 to 68 or anyone else of the party herein who have not been paid rental compensation right from the beginning till date and the Defendant Nos. 1 to 3 (Union of India & Others) shall deposit the same to the Deputy Commissioner, Aizawl by way of cheque within a period of four months from today for further disbursement to the plaintiffs.

The Defendant Nos. 1 to 3 shall either vacate or acquire the land of the plaintiff within a period of six months as it is not proper on the part of the government body to take possession of somebody's land without following due process of law. Accordingly, the Defendant Nos. 1 to 5 are directed to take prompt action in this connection within a period of six months from today. And after a lapse of six months from today, the Defendant Nos. 1 to 3 (Union of India & Others) shall be liable to be evicted from the land of the plaintiffs and peaceful possession of the land shall be handed over to the plaintiffs.”

4. The learned counsel for the applicant/appellant then submits that the reason for the delay in filling the appeal application thereafter is for the following reasons;

i. On 12.10.2017, the CGC, Aizawl forwarded the Judgment & Order dated 06.10.2017 to the Defence Estate Officer/DEO. On 03.04.2018 the Deputy Commissioner fixed the date for Joint Survey and a Joint Survey Report was prepared on 03.05.2018. Thereafter on 12.06.2018 the Under Secretary to the Govt. of Mizoram forwarded the assessment of rental compensation to the Defence Estate Officer (DEO), Guwahati, which was received on 21.08.2018, on 27.06.2018 clarification was sought from the Secretary, Govt. of Mizoram, Revenue Department regarding the increase of land in the assessment submitted vide the impugned letter dated 12.06.2018.

ii. Thereafter, on 05.11.2018, the CGC, Aizawl forwarded a co