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NELSON SAILO, MARLI VANKUNG
Union of India – Appellant
Versus
State of Mizoram R/b The Chief Secretary To The Govt. of Mizoram – Respondent
JUDGMENT :
(Nelson Sailo, J.)
Heard Mr. Sanjay Kumar Medhi, learned counsel for the appellants, Ms. Mary L. Khiangte, learned Govt. Advocate for the State respondents, Ms. Valentina Laldinpuii, learned counsel for the respondent No. 4 and Ms. Zairemsangpuii, learned CGC for the respondent Ministry of Home Affairs.
[2.] This is an appeal filed by the appellants against the Judgment & Order dated 16.11.2023 passed by the learned Single Judge in WP(C) No. 61/2023 wherein, the instant writ appellants have been held liable to pay rental compensation to the respondent No. 4/writ petitioner (hereafter referred to as writ petitioner) as calculated by the District Collector concerned.
[3.] It is the case of the writ petitioner that she is the owner of land located at Thuampui Helipad area Aizawl covered by Land Settlement Certificate (LSC). Since 1996, the land of the petitioner has been occupied by the security forces but the acquisition proceeding of their land was initiated only on 11.06.2018 under the relevant provisions of the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2
The court affirmed the entitlement to rental compensation for unauthorized land occupation, ruling that previous payments to others do not bar similar claims, emphasizing the inapplicability of the L....
The court emphasized the right to rental compensation for land occupied by security forces, mandating assessment and payment within a specified timeframe, following precedent.
Petitioners are entitled to rental compensation for unauthorized occupation of land by the Indian Army from 1980 to 2021, to be assessed and disbursed by the Deputy Commissioner.
Possession prior to acquisition entitles landowner to 8% rental compensation on open land value per state policy Government Resolutions, plus 6% interest, irrespective of purpose or post-cancellation....
The constitutional right to property and the responsibility of authorities to hand over possession of de-hired land to the rightful owner.
whether fundamental or constitutional, the fact remains that it has always been recognized as a right guaranteed under the Constitution in favour of a citizen/person and no persons can be deprived of....
Claims for rental compensation arising from authorized occupation must be adjudicated under the Land Acquisition Act, not as independent civil claims.
The vesting of title in the State Government under the Land Acquisition Act occurs upon taking possession of the land either under Sec. 16 or Sec. 17. Ex-landlords whose estate has vested in the Stat....
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
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