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2022 Supreme(Gau) 388

SONGKHUPCHUNG SERTO
Laichhingi – Appellant
Versus
North East Frontier Railway – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Lalchhanliana Khiangte
For the Respondents:Mr. Ali Hussain assisted by Mr. Naveen Prakash, Mrs. H. Lalmalsawmi (Government Advocate)

JUDGMENT :

Heard Mr. Lalchhanliana Khiangte, learned counsel appearing for the petitioner and also heard Mr. Ali Hussain, learned senior counsel assisted by Mr. Naveen Prakash, Deputy Chief Engineer, North East Frontier Railway (respondent No. 5), and Mrs. H. Lalmalsawmi, learned Government Advocate, appearing for respondent No. 6.

2. The facts leading to the filing of this Writ Petition briefly stated are as follows: For the construction of the Railway line between Bairabi to Sairang by the North East Frontier Railway, the land of the petitioners under Periodic Pattas situated within the Kawnpui Village Council area were affected. However, by an Award No. 1 of 2012 (Part-B Kawnpui) issued by the District Collector, Kolasib, they were awarded compensation only for the value of their crops. Being aggrieved by the non-payment of compensation for their lands, the petitioners submitted a Reference Application under section 18 of the Land Acquisition Act, 1894 to the District Collector, Kolasib, claiming compensation for the market value of their lands. The same was referred to the competent Civil Court, i.e., the Additional District Judge – II, Aizawl, and the case was registered as L.A.

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