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NELSON SAILO
Thankhuma @ Z. Thankhuma S/o Hrangtea – Appellant
Versus
Union of India – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. A.R. Malhotra, learned counsel for the petitioner and Ms. Zairemsangpuii, learned CGC for respondent Nos. 1 to 6. Also heard Mrs. H. Lalmalsawmi, learned Government Advocate appearing for respondent Nos. 7 to 10.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the Order dated 08.08.2017 (Annexure-21) passed by the respondent No. 8, by which Permit No. 229/1962 issued to the petitioner by the erstwhile Mizo District Council, has been cancelled. The petitioner has also claimed rental compensation from the respondent authorities for occupation of his land by the Security Forces w.e.f. 1966 till date along with interest and for the period thereafter, until the respondent Nos. 1 to 6 vacate his land.
3. Be it stated herein that this is the second time the petitioner has approached this Court. The earlier writ petition i.e. WP (C) No. 78/2014 was disposed of at the motion stage vide Order dated 07.08.2014 by constituting a Joint Spot Verification Team to conduct spot verification on the claim of the petitioner and also verify his permit within a specified time. It was further directed that
Point of Law : When the authority has already made up its mind, cannot come to the aid of the petitioner due to the fact that petitioner who claims to have been issued a permit for his land in the ye....
A permit granted for cultivation constitutes a personal, non-heritable license that confers no proprietary interest or title in land. Such a permit terminates upon the death of the grantee and cannot....
Restoration of lawful land ownership rights requires adherence to proper transfer processes as per land revenue acts; cancellation without due procedure is invalid.
The authority to cancel a lease lies solely with the government, and any cancellation must adhere to principles of natural justice, including providing the lessee an opportunity to be heard.
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