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2024 Supreme(Gau) 1642

NELSON SAILO
S. Rualkhuma, S/o S. Sokha (L) – Appellant
Versus
Union of India r/b The Secretary to the Govt. of India, Ministry of Defence, Sena Bhavan 101A, South Block, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Lalchhanliana Khiangte, Mr. A.R. Malhotra
For the Respondent: Ms. Zairemsangpuii (CGC)

JUDGMENT :

Nelson Sailo, J.

Parties are represented by their respective counsels. These matters have been clubbed together since the issues involved are similar and identical.

Therefore, they are being disposed of by this common Order.

2. Brief facts of the case essential for disposal of the writ petitions is that the Government of Mizoram in the Land Revenue & Settlement Department through the Secretary of the said Department issued a preliminary notification under Section 11 (1) of the Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 (Act of 2016) for acquisition of land for construction of Zyhno-Mawhre-Chapi (ZMC Road) under the Ministry of Defence, Govt. of India for maintenance of National Security along the INDO-MYANMAR international border. As per the Schedule, the approximate area/dimension of land to be acquired was shown as 39.6 hectares/22.00 kms long. Thereafter, a final notification was issued by the same authority under Section 40 (2) of the Act of 2016 on 20.01.2021.

3. Be it stated herein that a coordinate Bench of this Court in WP(C) No. 20/2014 and WP(C) No. 30/2014 vide a common Judgment & Order dated 15.11.2017 held that the Act of 2016 shall not b

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