ORDER :

Nelson Sailo, J.

1. Heard Mr. Victor L. Ralte, learned counsel for the petitioner and Mr. Saurabh Pradhan, learned counsel for the respondent Nos. 1 & 2. Also heard Mr. C. Zoramchhana, learned Addl. Advocate General for respondent Nos. 3 & 4.

2. By filing this writ petition, the petitioner has challenged the Order dated 17.01.2019 (Annexure-8) by which the land allotted to her vide H/227/NS/L&R/015 of 08.12.2016 and subsequently converted to PLSC/R/NS/47/2018 of 26.04.2018 was cancelled along with other similarly situated persons. As per the said order, it was indicated by the respondent authorities that land was required for public purpose.

3. Brief facts of the case as set out by the petitioner is that allotment of land under the jurisdiction of the Mara Autonomous District Council (MADC) used to be done in the form of Land Donation Certificates in respect of Government Departments, Companies, Firms etc. The authorities under the MADC took a decision to do away with the Land Donation Certificates and instead introduced land holdings by Government Departments, Companies, Firms etc., in the form of Land Lease. Accordingly, a Notification dated 21.03.2014 (Annexure-2) was issued by the MADC through the Senior Revenue Officer notifying that all Government Departments, Companies, Firms or other Associations of persons who were in possession of Land Donation Certificate should apply for Land Lease Certificate by surrendering their Land Donation Certificates on or before 31.03.2014.

4. Thereafter, another Notification dated 16.07.2014 (Annexure-3) was issued by the MADC through its Senior Revenue Officer notifying that all Land Donation Certificates issued by the MADC was revoked w.e.f. 01.04.2014. It was further stated that the original area of land may not be given while issuing the Land Lease Certificate and the Executive Committee, MADC will decide and allot the Land Lease with such areas as it deems fit and proper. In terms of the two notifications, the land holdings of the respondent Nos. 3 & 4 came to be replaced with the issuance of Certificate of Land Lease, bearing No. LL. 02 (G. Deptt) 43 of 08.02.2014 (Annexure-4), which was issued in the name of the respondent No. 4 for an area of 10139 Sq.m. Be it stated herein that the Health Department earlier possessed their land holdings in the form of Land Donation Certificate dated 17.09.1997 with an area of 26.40 X 21.85 mtrs., and Land Donation Certificate No. 54/LSC/2003-04/186 of 27.01.2005 with an area of 6.6 hectares. After the issuance of the Land Lease Certificate, the area of the land issued to the Health Department admittedly became smaller.

5. The petitioner admittedly was issued a plot of land in the surrendered portion of the land by the Health Department vide Land Passes No. H/227/NS/L&R 015 of 08.12.2016. Thereafter, the petitioner was given a permanent pass under LSC No. PLSC/R/NS/47/018 of 26.04.2018 in terms of Section 16 of the Mara Autonomous District Council (Non-Agriculture Land Settlement) Act, 2011 (Act of 2011) with an area of 240 sq.m.

6. Subsequently, due to certain complaint submitted by the Health Department before the MADC, the petitioner as well as other similarly situated persons were issued a show-cause notice on 27.09.2018 asking them to show cause as to why their respective land Passes should not be cancelled, as there was requirement of the land for public purpose. The land owners were asked to submit their reply within a period of 15 (fifteen) days from the date of the show-cause notice. Although the petitioner submitted a reply to the notice, her land Pass was, nevertheless, cancelled vide the impugned Order dated 17.01.2019.

7. Appearing for the petitioner, Mr. Victor L. Ralte, learned counsel submits that the petitioner applied for a plot of land before the MADC and she was accordingly issued a temporary land Pass under Section 15 of the Act of 2011 on 08.12.2016. Subsequently, her LSC was regularized by issuing her a permanent LSC under S