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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
State of Mizoram – Appellant
Versus
R. Lalthanzauva S/o R. Laizawnga – Respondent
JUDGMENT :
VIJAY BISHNOI, C.J.
1. Heard Mr. B. Deb, learned Advocate General, Mizoram, assisted by Mr. A. Barua, learned Government Advocate, Mizoram, representing the appellants in both these writ appeals. Also heard Mr. P.D. Nair, learned counsel appearing for the respondent Nos.1 to 88 in Writ Appeal No. 71/2018 and for respondent Nos.1 to 68 in Writ Appeal No. 70/2018 and Mr. K. Gogoi, learned Central Government Counsel, representing the respondent Nos.89 to 92 in Writ Appeal No. 71/2018 and for the respondent Nos.69 to 72 in Writ Appeal No. 70/2018.
2. These 2(two) writ appeals are filed by the State of Mizoram being aggrieved with the common judgment & order dated 15.11.2017 passed by the learned Single Judge in WP(C) No. 20/2014 and WP(C) No. 30/2014, whereby the learned Single Judge, while disposing of the writ petitions filed on behalf of the writ petitioners (private respondents herein), has directed the State respondents to complete the acquisition proceedings of the private respondents’/writ petitioners’ lands as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred a
The Mizoram Land Acquisition Act is inapplicable due to lack of Presidential assent, and compensation must be determined under the Right to Fair Compensation and Transparency in Land Acquisition Act,....
The Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 is not applicable; the Act of 2013 governs land acquisition in Mizoram.
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
The court affirmed the obligation of the state to pay compensation for land acquisition as mandated by law, emphasizing the validity of the award and the constitutional right to property.
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
The court ruled that the Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 is inapplicable for land acquisition, directing adherence to the Act of 2013 for compensation assessment.
The court affirmed that awards under the Land Acquisition Act, once finalized, are binding, and the State must pay compensation despite challenges regarding land classification.
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.
The court directed compensation assessment under the Right To Fair Compensation And Transparency In Land Acquisitions And Resettlement Act, 2013 for land acquisition, overriding previous provisions.
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