The main legal point established in the judgment is the entitlement of a landowner to rental compensation for the occupation of their land by the government or security forces prior to formal land acquisition, as provided for in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

JUDGMENT :

Heard Mr. Samuel Vanlalhriata, learned counsel for the petitioner. Also heard Ms. Zairemsangpuii, learned CGC for the respondent Nos. 1 to 4 and Ms. H. Lalmalsawmi, learned Government Advocate, Mizoram appearing for the State respondent Nos.5 to 7.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for an order for payment of rental compensation to her for occupation of her land by the Security Forces for the period from 1996 to 11.06.2018.

3. The grievance of the petitioner in this writ petition is that she is the absolute and legal owner of a plot of land covered under Land Settlement Certificate No.Azl-282 of 1996 located at Thuampui Helipad Area, Aizawl, Mizoram. Although the said land was occupied by the Security Forces in 1996, the acquisition proceeding was initiated only on 11.06.2018 by publishing a preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (For short ‘the Act’) by the respondent No. 7, the District Collector/Deputy Commissioner, Aizawl District. It is the case of the petitioner that in spite of occupation of her land by the Security Forces under the Ministry of Defence, Government of India since 1996, she has not been paid any rent by the respondents till date.

4. Mr. Samuel Vanlalhriata, learned counsel for the petitioner, submits that the instant case is covered by the judgment, dated 15.02.2023 passed by this Court in WP(C) No.170/2019 (Annexure-XI). Mr. Vanlalhriata also submits that some land owners of Thuampui Helipad area, whose lands were occupied by the Security Forces, earlier filed WP(C) No.102/2000 and WP(C) No.110/2000 praying for rental compensation, which were allowed by this Court vide common judgment and order, dated 02.05.2002. But, Mr. Vanlalhriata submits that as the direction of this Court was not followed, the petitioners therein filed Contempt Case No.14/2012 for compliance of the said common judgment and order pursuant to which the respondent No. 7 issued Preliminary Notification, dated 11.06.2018 bearing No.K.12011/53/17-REV under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of land occupied by the Security Forces under the Ministry of Defence, Government of India at Thuampui Helipad area, Aizawl. Pursuant to the aforesaid Preliminary Notification, dated 11.06.2018, Mr. Vanlalhriata submits, the respondent No. 7 issued declaration under Section 19(1) of the Act bearing No.K.12011/53/2017-REV, dated 10.10.2018 declaring that the lands within Thuampui Helipad area are required for public purpose, viz., continued occupation of the land by the Security Forces under the Ministry of Defence. Thereafter, Mr. Vanlalhriata submits, observing all formalities, the respondent No. 7 issued Draft Award No. 1 of 2019, dated 18.07.2019 whereby 76 numbers of LSCs were notified for acquisition on permanent basis, wherein the petitioner was placed at Sl. No. 59 and the same was forwarded to the office of the respondent No. 7 by the respondent No. 6 vide letter, dated 18.07.2019 for approval of the competent authority. Mr. Vanlalhriata submits that after approval of the aforesaid Draft Award, the respondent No. 7 issued a notification ‘Pronouncement of Award No.1 of 2019’, dated 11.10.2019 bearing Memo No. F.15012/20/2018-DC(A)/347 intimating all persons concerned that the Award No.1 of 2019 was due to be pronounced on 14.11.2019. Mr. Vanlalhriata further submits that although the land of the petitioner was acquired on a permanent basis vide Award No.1 of 2019, the petitioner has never been paid any rent or compensation and she has been deprived of her peaceful possession of the land since 1996 till the date of acquisition. Mr. Vanlalhriata also submits that the respondents, more particularly, the respondent Nos. 1 to 5 have paid rental compensation to c