IMPORTANT POINT
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.

JUDGMENT :

Mridul Kumar Kalita, J.

1. We have heard Mr. C. Lalfakzuala, the learned counsel appearing on behalf of the appellants. Also heard Ms. H. Lalmalsawmi, the learned Government Advocate, State of Mizoram appearing for the respondent Nos. 8 to 9 as well as Ms. Zairemsangpuii, the learned counsel appearing on behalf of the Union of India.

2. This writ appeal has been preferred by 576 of the 612 writ petitioners who had earlier filed Writ Petition No. 8/2021. In this intra-court appeal, the appellants have challenged the judgment and order dated 11.09.2023, passed by the learned Single Judge, in WP(C) No. 08/2021, dismissing the writ petition filed by the appellants.

3. In the aforesaid writ petition, the present appellants had prayed for issuance of direction for payment of compensation for acquisition of their lands, in pursuant to Award No. 1/2018 under the Land Acquisition Act, 1894 (hereafter referred to as LA Act, 1894). However, the said writ petition was dismissed by the learned Single Judge on the grounds that there are disputed questions of fact, casting doubt on the authenticity of Award No. 1/2018.

4. The facts, as stated in the writ petition filed by the appellants before the learned Single Judge, relevant to the consideration of this appeal, in brief, are as follows:

i. The appellants are the members of schedule tribe community of Mizoram and they are the owners of the residential and garden lands covered by Land Settlement Certificates (LSC for short) in the Chotapansury, Gulsingbapsora, Nagdarasora, Gerakuluksora, Jarulsury villages of the Chakma Autonomous District Council area (hereinafter referred to as the “CADC”

ii. On 26.10.2012, the government of Mizoram, through the Principal Secretary, Land Revenue & Settlement Department, had issued a notification under Section 4(1) of the LA Act, 1894 for construction of the Indo-Bangla Border Fencing (IBBF) and approach road to border outpost within Lawngtlai District.

iii. A declaration under Section 6 of the LA Act, 1894 was issued by the Government of Mizoram on 08.04.2013 to the effect that the aforesaid land was needed for public purpose.

iv. The land which was proposed to be acquired for public purpose also included the land of the appellants. Thereafter, the Award No. 1/2018 was made for Rs. 31,99,91,282/- by the District Collector, Lawngtlai, as compensation for acquisition of lands, under the LA Act, 1894.

v. The aforesaid draft award amounting to Rs. 31,99,91,282/- (Rupees thirty-one crore ninety-nine lakh ninety-one thousand two hundred eighty-two only) was approved by the Government of Mizoram, Land Revenue & Settlement Department by Memo No. K.12011/39/2012-REV dated 31.07.2018.

vi. The appellants contend that some owners of the acquired land have been paid compensation only for crop damages, while no compensation has been paid for the market value of the acquired land, including solatium and interest, as required under the provisions of the LA Act, 1894, for the compulsory acquisition of their land.

vii. The appellants have further stated that compensation for damages to crops, land, and buildings, amounting to Rs.23,40,850/- and Rs.22,72,670/-, was paid for land falling between Chainage 49.10 km to 59.10 km (BP No. 2347/M to 2347/25) and Chainage 59.10 km to 69.10 km (BP No. 2347/25 to 2348/35), respectively. The payments were made through SBI Lunglei banker’s cheques: No. 1884356 (Rs.23,40,850/-) and No. 184357 (Rs.22,72,670/-), both dated 19.12.2007, to the Environment and Forest Department, CADC.

viii. Thereafter, ’No claim certificate’ was allegedly executed by the President, Village Council Court, Chotapansury, Gulsingbapsora, Nagdarasora, Gerakuluksora, Jarulsury and the Assistant Revenue Officer, CADC and Assistant Conservator of Forest, CADC, Kamalanagar, certified that comp