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NELSON SAILO
F. Lallianzuala – Appellant
Versus
State of Mizoram R/b the Chief Secretary to the Govt. of Mizoram Land Revenue and Settlement Department – Respondent
JUDGMENT :
Nelson Sailo, J.
Heard Mr. F. Lalengliana, learned counsel for the petitioners in both the writ petitions, Ms. H. Lalmalsawmi, learned Govt. Advocate appearing for the State respondents and Ms. Zairemsangpuii, learned CGC for the respondent Union of India. Both the writ petitions are being taken up for disposal by this common order since the issues involved are similar and identical.
2. It is the case of the petitioners that their lands have been affected on account of construction of road at Thingsai – Bualpui H – Saisih – Pangkhua – Sangau within Hnahthial District, which was earlier under the Lunglei District. The construction of road has been undertaken by the 74 RCC (GREF) which is under the Ministry of Defence, Govt. of India. The petitioners contend that their lands have been acquired by the respondents by invoking the provisions of the Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016 which otherwise was held to be not applicable by a coordinate Bench of this Court vide common Judgment and Order dated 15.11.2017 in WP(C) Nos. 20 & 30 of 2014. Although the petitioners have received the compensation but it is their case that they should be given co
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.
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 Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 is inapplicable; compensation must be assessed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehab....
The Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 is not applicable; the Act of 2013 governs land acquisition in Mizoram.
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 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.
The court ruled that once acquisition proceedings are initiated, petitions seeking mandamus for compensation assessment are rendered moot.
Deduction of cess from compensation is illegal; petitioners entitled to interest for delayed compensation.
The court emphasized the importance of due process of law and the right to fair compensation in land acquisition proceedings, as guaranteed by the Right to Fair Compensation and Transparency in Land ....
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