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IN THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) AIZAWL BENCH
DEVASHIS BARUAH, MRIDUL KUMAR KALITA
Shanti Kumar Chakma, S/o Surthar Ranjan Chakma – Appellant
Versus
Union of India Represented By Secretary To The Government of India, Ministry of Home Affairs Department of Border Management Bm-iii, Ndcc-ii Building, Jai Singh Road New Delhi – Respondent
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
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 court affirmed the obligation to pay compensation for land acquisition, emphasizing the learned Single Judge's jurisdiction to direct payment when no challenge to the award existed.
The court affirmed that awards under the Land Acquisition Act, once finalized, are binding, and the State must pay compensation despite challenges regarding land classification.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
(1) Acquisition of land – Disputes regarding ownership of subject land cannot be an impediment to legitimate rights of original landowners to receive compensation.(2) Return of acquired land – Party ....
Compensation in land acquisition must adhere to statutory requirements, including formal awards under section 11 of the Land Acquisition Act, or provisions of the updated Act of 2013 apply.
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
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