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
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
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 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 Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 is not applicable; the Act of 2013 governs land acquisition in Mizoram.
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 court affirmed the validity of the compensation process under the Right to Fair Compensation and Transparency in Land Acquisition Act, emphasizing the authority of the District Magistrate's appro....
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 authority must consider land classification objections in compensation determinations, irrespective of timing, ensuring compliance with statutory obligations.
No land acquisition occurred for which compensation was sought; petitioners advised to seek redress from the Collector.
Deduction of cess from compensation is illegal; petitioners entitled to interest for delayed compensation.
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