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2024 Supreme(Gau) 1637

NELSON SAILO
Vanlalnghaka – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr A.R. Malhotra
For the Respondent:Ms. H. Lalmalsawmi, Govt. Advocate, Ms Zairemsangpuii, CGC

JUDGMENT :

NELSON SAILO, J.

Heard Mr. A.R. Malhora, learned counsel for the petitioners, Ms. H. Lalmalsawmi, learned Govt. Advocate for the State respondents and Ms. Zairemsangpuii, learned CGC appearing for the respondent Union of India. By filing this writ petition, the petitioners have challenged the acquisition of their land for construction of approach road from Chhimtuipui Bridge (Tuipui ‘D’) within Hnahthial District for maintenance of National Security along with Border Indo-Myanmar International Border road measuring about 520 meters approximately in length under Draft Award No. 1/2022 by applying the provisions of the Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 (Act of 2016).

2. It is the case of the petitioner that their land should be acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (Act of 2013) instead since the Act of 2016 has been held to be inapplicable by a coordinate Bench of this Court vide common Judgment & Order dated 15.11.2017 passed in WP(C) Nos. 20 & 30/2014.

3. It is the case of the State respondents on the other hand that the common Judgment & Order dated 15.11

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