ORDER :

1. Heard Mr. Lalchhanliana Khiangte, learned counsel for the petitioners as well as Mrs. H. Lalmalsawmi for the respondent Nos. 1 to 3. Mr. Ali Hussain appears for the pro foma respondent Nos. 4 and 5.

2. This writ petition under article 226, is for a direction to be issued to the respondent Nos. 1 to 3 to return the 15% cess deducted from the compensation amount awarded to the petitioners in terms of Award No. 3/2019, by which the lands of the petitioners had been acquired under the Railway s Act, 1989.

3. The petitioners’ counsel submits that the petitioners’ lands were acquired in terms of the Award No. 3/2019 passed by the District Collector, Aizawl. The land was acquired for construction of the Bairabi to Sairang New BG Railway Lines Project. At the time the compensation amount was disburs ed to the petitioners between April to June 2020, the respondent Nos. 11 o 3 illegally deducted 15% of the petitioners compensation amount by way of cess, in terms of rule 47(4) of the Mizoram (Land Revenue) Rules, 2013 (‘the 2013 Rules’).

4. The petitioners’ counsel submits that as per rule 47(4) of the 2013 Rules, 15% cess can be deducted from the compensation amount awarded to a land holder, for acquisition of his land, if the same has been acquired by way of any land acquisition law or Policy of the Government of Mizoram. As the petitioners lands have been acquired under the Railways Act, 1989, the respondents could not have deducted 15% of the compensation amount as cess. He accordingly prays that the cess deducted should be returned back to the petitioners.

5. Mrs. H. Lalmalsawmi, learned Government advocate appearing for the respondent Nos. 1 to 3 submits that the petitioners are not holders of Land Settlement Certificates and that they are only house pass holders. She submits that as per section 27 of the Mizoram (Land Revenue) Act, 2013 (‘the 2013 Act’), the holders of house passes have no right over the lands held by them, beyond the right of use and occupancy, for the period and under the terms/conditions specified in the House Pass. She submits that they have no right of transfer, inheritance or sub-letting beyond the period specified.

6. The learned counsel for the respondent Nos. 1 to 3 submits that out of the total compensation paid to the petitioners for acquisition of their lands covered by house passes, deducting 15% as cess was made in terms of rule 47(4) of the 2013 Rules. She submits that though there is no provision for deduction of 15% as cess in the Railways Act, 1989 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, there is a provision for deduction of 15% revenue cess in terms of rule 47(4) of the 2013 Rules. She also submits that though the acquisition of the petitioners lands had been done in terms of the Railways Act, 1989, in pursuance to the Government of Mizoram notification conveyed under Memo No. K.12011/89/2018-REV dated 14.3.2018, there was no illegality in the deduction of cess. As such, the writ petition should be dismissed.

7. Mr. Ali Hussain, learned counsel for the profoma respondent Nos. 4 and 5 submits that the lands of the petitioners were acquired under the Railways Act, 1989 and compensation was also paid under the Railways Act, 1989 in terms of Award No. 3/2019.

8. I have heard the learned counsels for the parties.

9. It is seen that the house passes that have been issued to the petitioners had been issued by the Land Revenue & Settlement Department, Government of Mizoram and the house passes issued to the petitioners states that the Pass Holders have the rights, as laid down in section 26 of the 2013 Act. Sections 26, 27 and 36 of the 2013 Act states as follows

“26. Status of a pass-holder.— Every person belonging to any of the following classes shall be called a pass-holder and shall have all the rights as specified in the pass and shall be subject to all the liabilities conferred or imposed upon him by or under this Act, namely