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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT AIZAWL BENCH
MICHAEL ZOTHANKHUMA, MARLI VANKUNG, JJ.
Laichhingi D/o Bunglavunga – Appellant
Versus
Northeast Frontier Railway – Respondent
W.A. No. 2 of 2022
Decided On : 20-05-2022
Land Acquisition Act, 1894 - Section 18, 28, 34 – Interest paid – Assessment - Payment of compensation - Appellants case is that appellants lands, which were covered by Periodic Pattas were acquired vide Award with compensation being paid only for the value of their crops - Being aggrieved, appellants submitted a reference application under Section 18 of L.A Act, 1894, praying that compensation should also be paid for value of their lands along with interest under Sections 28 & 34 of Land Acquisition Act, 1894 - Whether appellants were entitled to be compensated for value of their lands - Whether appellants can now claim interest under Section 34 of the LA Act, 1894 - Whether a mistake had been committed by the learned Reference Court in it's Judgment & Award - Apex Court has held that the party who invokes the extraordinary jurisdiction of the Supreme Court under Article 32 or of a High Court under Article 226 of the Constitution is supposed to be truthful, frank and open. (Para 23)
Findings of the Court :
Though appellants' counsel has now prayed that he may be allowed to withdraw the writ appeal, Court are not inclined to allow the said prayer, as appellants have tried to mislead the Court by cleverly maneuvering facts of the case and the order passed by the learned Reference Court, though knowing fully well that they are not entitled to payment of interest under Section 34 of the LA Act, 1894. They have not only wasted Court's time but also Tax Payer's money - Court is of view that cost should be imposed upon the appellants.
Result : Writ Appeal dismissed.
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. Lalchhanliana Khiangte, learned counsel for the appellants, Ms. Zairemsangpuii, learned CGC for the respondent Nos. 1 to 5 and Mrs. H. Lalmalsawmi, learned Govt. Advocate for the respondent No. 6.
2. The appellants are aggrieved with the Judgment AND Order dated 08.04.2022 passed by the learned Single Judge in WP (C) No. 121 of 2021, wherein the respondent Nos. 1 to 5 were directed to pay interest for the period between 23.04.2019 to 13.03.2021. The appellants prayer is that interest under Section 34 of the Land Acquisition Act, 1894 should be paid to them, which should be over and above the interest paid to them under Section 28 of the Land Acquisition Act, 1894.
3. The appellants case is that the appellants lands, which were covered by Periodic Pattas were acquired vide Award No. 1 of 2021 (Part-B Kawnpui), with compensation being paid only for the value of their crops. Being aggrieved, the appellants submitted a reference application under Section 18 of the L.A. Act, 1894, praying that compensation should also be paid for the value of their lands along with interest under Sections 28 AND 34 of the Land Acquisition Act, 1894, hereinafter referred to as the “L.A Act, 1894.” The same was registered as L.A. Case No. 30/2013 before the Court of the Addl. District and Sessions Judge-II, Aizawl (Reference Court).
L.A Case No. 30/2013 was disposed of by the learned Reference Court vide Order dated 05.12.2013, by awarding solatium and interest for the crops in terms of Section 23 of L.A. Act, 1894, without any compensation being awarded for the value of their lands. Being aggrieved, the appellants filed Review Petition No. 25/2014, which was dismissed vide order dated 06.05.2016.
4. The appellants thereafter approached this Court by filing Civil Revision Petition No. 4/2017, which was dismissed on the ground of there being an alternative remedy by way of an appeal. Accordingly, the appellants filed RFA No. 10/2017 before this Court. The same was disposed of vide order dated 10.10.2017, remanding the case back to the learned Reference Court, who was directed to consider whether the appellants were entitled to be compensated for the value of their lands. Consequent to the order dated 10.10.2017 passed in RFA No. 10/2017, the learned Reference Court disposed of L.A. Case No. 30/2013 vide Judgment and Award dated 03.08.2018 by directing the respondents to pay compensation for the appellants acquired lands @ Rs. 38/- per sq. ft. The operative portion of the Judgment and Award at paragraph No. 12 is as follows:
(i) The Petitioners shall be paid compensation for the market value of the acquired area of their respective lands at the rate of Rs. 38 per square feet along with 30% solatium and 12% interest as per Section 23(1A) and 23(2) of the Land Acquisition Act, 1894 which shall be assessed and calculated by the District Collector, Kolasib within a period of one month from the date of this order.
(ii) The Petitioners shall also be paid interest both under Section 28 of the Land Acquisition Act, 1894 to be calculated separately on the total amount so assessed at the rate of 9% p.a. for one year from the date of taking possession i.e. 24.1.2014 till 24.1.2015 and 15% p.a. for every subsequent years i.e. 25.1.2015 to the date making of assessment by
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