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KAUSHIK GOSWAMI
Althaia S/o H. Ramtova – Appellant
Versus
RDS Project Ltd. – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Mr. B. Lalramenga, learned counsel for the plaintiff/appellant. Also heard Mr. Miller Biakrempuia Renthlei, learned counsel for the defendants/respondent Nos. 1 & 2 and Ms. Caroline K. Lungawipuii, learned Government Advocate for the respondent No. 3.
2. The present Regular First Appeal is presented against the Judgment & Order dated 18.11.2022 passed by the learned Senior Civil Judge, Lawngtlai, Mizoram in Civil Suit No. 1/2021. By the aforesaid Judgment & Order dated 18.11.2022, the Civil Suit No. 1/2021 filed by the plaintiff/appellant was dismissed.
3. The facts of the case is that the plaintiff/appellant filed the Civil Suit No. 1/2021, wherein he made a claim against the defendants/respondent Nos. 1 & 2 for payment of rental compensation @ Rs. 50,000/- per month from the date of filing of the suit and also for payment of the arrears of the rent amounting to Rs. 54,50,000/- with an interest @ 6% p.a. w.e.f. January, 2012 due to the illegal and forceful occupation of his land covered by LSC No. 20/2011 covering an area of 50,000 sq. mt. located at Bungtlang South, Lawngtlai District, Mizoram.
4. It is the further case of the plaintiff/appellan
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.
Welfare State cannot deprive property without due process and compensation under Article 300A; cannot plead adverse possession or delay against owners seeking payment for land used in public road con....
The court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
State cannot utilize private land for roads without due process and compensation; unsubstantiated oral consent rejected; welfare state barred from adverse possession; concurrent findings upheld absen....
State cannot dispossess individuals of property or utilize land for public purpose without legal acquisition and just compensation, reinforcing constitutional property rights.
State must compensate citizens for property utilized for public projects under due process. Delay in claiming rights does not preclude entitlement if injustice persists.
State cannot deprive individuals of property without due process and must provide just compensation if property is utilized for public use.
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