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
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
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 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 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,....
Deduction of cess from compensation is illegal; petitioners entitled to interest for delayed compensation.
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.
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
The court ruled that retroactive amendments allowing government deduction of 15% cess from compensation for land acquisition apply to awards pronounced post-amendment, rejecting the respondents' clai....
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