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MARLI VANKUNG, KAUSHIK GOSWAMI
State of Mizoram – Appellant
Versus
Evelyn Beingiazi – Respondent
JUDGMENT :
Marli Vankung, J.
The instant WA No. 18 of 2022 is an appeal against the Judgment and order of the learned Single Judge in WP (C) No. 43 of 2019 dated 28.10.2021 and the W.A No.20 of 2022 is an appeal against the judgment order of the learned Single Judge in WP (C) No. 18 of 2022 dated 02.06.2022. It was seen that both the Writ appeals pertains to the same subject matter, but in relation to different plot of land, for the above reason both the Writ Appeals were listed and heard together.
Heard Mrs. Linda L. Fambawl, learned Additional Advocate General for the State respondents in both the writ appeals along with Mr. Victor L. Ralte, learned counsel for the private respondents in both the writ appeals and Ms. Ramengmawii, learned counsel for MADC, in both the writ appeals.
[2.] The brief facts of the case is that the present Appellant i.e., Health & Family Welfare Department, was allotted a plot of land under the Land Donation Certificate by the Mara Autonomous District Council (MADC)/ Respondent Nos. 2 & 3 dated 17.09.1997 with an area of 26.40 x 21.85 meters and Land Donation Certificate No. 54/L&R/2003-04/186 of 27.01.2005 with an area of 6.6 hectares. On 21.03.2014 the Re
The appellant/petitioner authority must establish locus standi by demonstrating that the subject land was part of the land transferred to them by the State to challenge the allotment and mutation.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
Action of the respondents has not been on account of any mala fides but under the belief that they are protecting the property of the State.
Restoration of lawful land ownership rights requires adherence to proper transfer processes as per land revenue acts; cancellation without due procedure is invalid.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of the 2013 Act, the landowner must prove that possession was not taken and compe....
The court affirmed that the assignment of land to ex-servicemen and their legal heirs is protected under government orders, allowing for ownership claims despite administrative disputes.
quasi-judicial authority will become functus officio only when its order is pronounced, or published/notified or communicated to the party concerned.
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