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2024 Supreme(Gau) 1641

NELSON SAILO
M. Hniazo S/o M. Vehu – Appellant
Versus
Union of India, R/b the Secretary to the Govt. of India, Ministry of Defence S. Sena Bhavan 101A South Block New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Haulianthanga
For the Respondent: Ms Zairemsangpuii, CGC

JUDGMENT :

Nelson Sailo, J.

Heard Mr. Haulianlianthanga, learned counsel for the petitioner, Mr. Saurabh Pradhan, learned counsel for the respondent No. 7, Ms. Zairemsangpuii, learned CGC appearing for the respondent Union of India and Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General for the State respondents.

2. The learned counsel for the petitioners submits that the land of the petitioners have been acquired for construction of Tuisih Bridge on Zawngling - Mawhre - Chape Road (7.98 km) in Siaha District, Mizoram. The learned counsel submits that however, the acquisition was done under the Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 (Act of 2016) in view of the fact that there was an appeal filed by the State Government against the common Judgment & Order dated 15.11.2017 passed by a coordinate Bench in WP(C) Nos. 20 & 30/2014 namely, WA No. 70/2018. As per the said Judgment, the Act of 2016 was held to be inapplicable in the State of Mizoram and that instead the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013) should be applied. Therefore, the assessment of the compensati

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