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SUSMITA PHUKAN KHAUND
C. Laltanpuia – Appellant
Versus
P. C. Lalrinawma, S/o P. C. Khuangliana (L) – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
The appellant in this case is Shri C. Laltanpuia. Sh. P.C. Lalrinawma, the District Magistrate/Deputy Commissioner, Aizawl district, Aizawl and the Settlement Officer, Land Revenue & Settlement, Aizawl district, Aizawl are arrayed as respondent Nos. 1, 2 and 3. The respondent No. 1/plaintiff has brought up a money suit registered as Money Suit No. 70/2011 for payment of compensation by the appellant/defendant No. 1 amounting to Rs.12,53,300/-(Rupees Twelve Lacs Fifty Three Thousand Three Hundred) and interest @ 20% from the day of dismantlement of the plaintiff’s house building till realization of the claimed compensation and payment of Rs.30,00,000/-(Rupees Thirty Lacs) for the landed property that was damaged due to the house site development of the appellant/defendant No. 1.
2. The genesis of the case was that the plaintiff had a plot of land under L.S.C. No. 2008/1987 located at Chanmari West, Aizawl which he had purchased in the year 1996 and constructed an Assam Type building between October, 2003 to April, 2004. He let out some rooms on rent to three tenants and was earning monthly rents of Rs. 1500/-+ Rs. 1200/-+ Rs.800/-respectively from t
The court upheld the compensation for property damage caused by excavation, emphasizing the need for accurate valuation and just compensation for losses incurred.
The court emphasized the duty of defendants to prevent damage to adjacent properties and highlighted the importance of uncontroverted expert valuation in assessing damages.
An admission must be categorical and unconditional to constitute a basis for a judgment on admission.
The main legal point established in the judgment is the need to consider expert valuation reports and the quality of construction in determining just and reasonable compensation for acquired properti....
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