IMPORTANT POINT
The court ruled that the petitioners could not claim rights over land based on an invalid pass after 95 years, emphasizing the need for formal title proof.

JUDGMENT :

(Michael Zothankhuma, J.)

Heard Mr. C. Lalramzauva, learned Senior Counsel for the petitioners assisted by Mr. L. Lalnunsiama, learned counsel. Also heard Ms. Zairemsangpuii, learned CGC for respondent no.4 and Ms. Caroline K. Lungawipuii, learned Government Advocate for respondent nos.1 to 3.

2]. The petitioners have put to challenge Sections 3, 4 and 5 of the Mizoram (Restriction on Use of Transferred Land) Act, 2002 (hereinafter referred to as the Act), in so far as it covers land under Pass No. 333 of 18.11.1929 and the Land Settlement Certificate (LSC) No. Azl. 873/1977 in the name of Shri Ramprasad Upadhyaya, covering an area of approximately 3.63 Bighas, which was subsequently converted into 5 LSCs, which are:-

(i) LSC No.Azl. 873/1977 in the name of Shri Ramprasad Upadhyaya.

(ii) LSC No. Azl. 977/1986 in the name of Shri Yogaraja, S/o Shri Ramprasad Upadhyaya.

(iii) LSC No. Azl. 978/1986 in the name of Shri Buddhi Raja, S/o Shri Ramprasad Upadhyaya.

(iv) LSC No. Azl. 979/1986 in the name of Smt. Laxmi Kanta, D/o Shri Ramprasad Upadhyaya and

(v) LSC No. Azl. 980/1986 in the name of Major Surjya, located at Bethlehem Veng, S/o Shri Ramprasad Upadhyaya.

3] The petitioners’ case is that the Assistant Superintendent Lushai Hills, vide Pass No. 333 of 18.11.1929, formally allotted land measuring approximately 20 bighas to one Hemlal Upadhya S/o Late Bhagirath Upadhya, Battalion Priest (Pujari) of A.R. Married Lines, Aijal.

4] The learned Senior Counsel for the petitioners submits that though Pass No. 333 of 18.11.1929 was an allotment of land, the word ‘allotment’ is not used in the said Pass. Instead the Pass states “allowed to remain where he is at present”. He also submits that the boundary description of the land covered by Pass No. 333 of 18.11.1929, is provided in another document which is written in Hindi by the same authority, who had issued Pass No. 333 of 18.11.1929.

5] The learned Senior Counsel submits that Hemlal Upadhya is the brother of Ramprasad Upadhyaya, the father of the petitioner no.1. The petitioner no.2 & 3 are the daughters-in-law of Ramprasad Upadhyaya, while the petitioner nos.4 & 5 are the grandchildren of Ramprasad Upadhyaya.

6] The petitioners’ case is that as per Annexure-2 to the writ petition, the area of the land covered by Pass No. 333 of 18.11.1929 is approximately 20 bighas. The land of Hemlal Upadhya was however encroached upon and occupied by the Assam Rifles in the year 1966.

7] Pursuant to the promulgation of the Lushai Hills District (House Site) Act, 1953, Ramprasad Upadhyaya submitted an application in 1969 for settlement of the land covered by Pass No.333 of 1929. Thereafter, the petitioner No.1 submitted an application on 16.02.1973, for issuance of land holding pass in respect of the entire land which had been allotted under Pass No. 333 of 18.11.1929.

8] Pursuant to the applications made, House Pass No. B-5/1974 in the name of the petitioner no.1’s father Ramprasad Upadhyaya was issued on 09.09.1974, by the Directorate of Settlement and Land Records, Government of Mizoram, wherein the total area of the land was recorded as 49148 square feet (3.63 bighas), which was divided into Block-I having area of 23180 square feet, while Block II had an area of 25968 square feet.

9] The petitioners’ counsel submits that though the area of Pass No. 333 of 18.11.1929 was 20 bighas approximately, Ramprasad Upadhyaya had been given House Pass No. B-5/1974 for 49148 square feet only, which was approximately 3.63 bighas.

10] Thereafter, on the application of Ramprasad Upadhyaya for conversion of the House Pass into a Land Settlement Certificate (LSC), House Pass No. B-5/1974 was converted in the year 1977 into LSC No. 873 of 1977, having an area of 3.63 bighas.

11] On 04.01.1986, Sh. Ramprasad Upadhyaya again applied to the respondent No. 3, for partition of LSC No. 873 of 1977 into 5 LSCs/plots. Allowing the said application, the State Government partitioned LSC No. 873 of 1977 into the following 5 LS