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2022 Supreme(Gau) 1241

NELSON SAILO, KAKHETO SEMA
Zosiami D/o Saizika Sailo – Appellant
Versus
District Collector-cum-Deputy Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.R. Malhotra.
For the Respondents: C. Zoramchhana, Zairemsangpuii.

JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. A.R. Malhotra, learned counsel for the appellants, Mr. C. Zoramchhana, learned Addl. Advocate General for the respondent Nos. 1 and 3 and Ms. Zairemsangpuii, learned CGC for the respondent Nos. 2 and 4.

2. This appeal is directed against the Judgment and Order dated 15.05.2017 passed by the learned Single Judge in W.P. (C) No. 153/2016 whereby, the claim of the appellants for payment of interest and solatium as per Section 23 (1-A) and (2) of the Land Acquisition Act, 1894 (L.A. Act) was allowed while the claim for payment of interest under Section 28 of the L.A. Act was rejected.

3. Brief facts essential for disposal of the writ appeal is that the appellants are owners of land located at Sairang and Sihhmui. Their lands were acquired for the purpose of construction of new railway line vide Award No. 5/2012 @ Rs. 60/- and Rs. 40/- per sq. feet. Being aggrieved, they filed an application under Section 18 of the L.A. Act seeking reference of the Award. The application was registered as L.A. Case No. 31/2013 and was taken up by the learned Civil Court (L.A. Judge) on being referred to by the Collector. Consequently, the L.A. Judge vide judgment and

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