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MARLI VANKUNG
Project Manager, BRN Infrastructure Pvt. Ltd. – Appellant
Versus
Lalrosangi – Respondent
JUDGMENT :
Heard Mr. B. Lalramenga, learned counsel for the appellant along with Mr. J.C. Lalnunsanga, learned counsel for the respondents.
2. This Regular First Appeal is filed under Section 96 CPC read with Section 17(2)(b) of the Mizoram Civil Courts Act, 2005 against the impugned Judgment & Order dated 01.11.2022 and the Decree dated 01.11.2022 passed by the learned Senior Civil Judge, Lunglei, Mizoram in Civil Suit No.2 of 2022
3. The brief facts of the case is that the present respondent/plaintiff in the Civil Suit No.2 of 2022, being the legal and rightful owner of the land bearing LSC No.439 of 1988 located at Hrangchalkawn, Lunglei, had filed the suit against the present appellant/defendant No.1 for payment of compensation/damages caused to the land, fish pond, crops and fencing of the present respondent No.1 by the present appellant. The said land was situated besides NH-54 in which a project of widening and up-gradation of road was being carried out. The present appellant along with the proforma respondent Nos. 2 & 3 under-took the execution of the said project. During the execution of their work the present appellant dumped waste soils and mucks, thereby damaging the bound
An admission must be categorical and unconditional to constitute a basis for a judgment on admission.
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....
The court emphasized the duty of defendants to prevent damage to adjacent properties and highlighted the importance of uncontroverted expert valuation in assessing damages.
The Loss Assessment Report of February 2008 is final, and the Deputy Commissioner lacked jurisdiction to reassess land for compensation claims.
Compulsory land acquisition compensation must prioritize actual market value determined through comparable transactions, rejecting average calculations unless strongly justified.
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