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MARLI VANKUNG
H Chalkhuma – Appellant
Versus
Project Director, PIU, E-in-C, PWD, Aizawl – Respondent
JUDGMENT :
Heard Mr. L.H Lianhrima learned Sr. counsel for the appellant along with Mrs. Dinari T. Azyu learned counsel for respondents No. 1 and 2.
2. This is a Regular First Appeal against the Judgment and Order dated 24.11.2011 passed by the learned Senior Civil Judge, Aizawl in Money Suit No. 25/2009, wherein the learned trial court had dismissed the Money suit.
3. The appellants case in brief is that the Appellants/Plaintiffs are the land owners who had been developing and maintaining their lands by planting various crops, several fruit bearing trees at Venghnuai, Aizawl. In the meantime, the defendant no 1 issued and displayed HRIATTIRNA (NOTIFICATION) dated 28.12.2005 to the effect that Aizawl– Thenzawl Lunglei road construction had been carried out and damages caused to the land owners would be jointly verified and assessment would be made and compensation would be paid at the earliest. That the Special Land Acquisition Officer (SPLO), PIU, PWD wrote to the Defendant no. 2 dated 24.04.2008, that some villagers' lands and crops had been damaged at down hill side of the project alignment along Aizawl Bypass due to dozing down of debris at many places at the time of excavating pi
Rights of property must be compensated when construction causes damage beyond the right of way, violating Articles 14, 21, and 300A of the Constitution.
Point of Law : It cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is neces....
The trial court's failure to include the contractor as a necessary party in a damage suit led to a remand for further proceedings.
The court upheld the compensation for property damage caused by excavation, emphasizing the need for accurate valuation and just compensation for losses incurred.
Appellant cannot take the plea that the Trial Court had erred in not examining the commissioner when no such prayer for examination of the commission was made in the trial court by the neither of the....
A landowner is entitled to compensation for illegal occupation of their property, even in the absence of a formal rental agreement, if the occupation is unrefuted.
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