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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR. JUSTICE ROBIN PHUKAN, J
Sh. K. Zadingliana – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. Lalfakawma, learned counsel for the petitioners. Also heard Ms. Zairemsangpuii, learned Central Government Advocate (CGC) for the respondent Nos. 1 to 4 and Ms. Vaneihsiami, learned Government Advocate for the respondent Nos. 5 to 7.
2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities to pay rental compensation to the petitioners for occupation of their lands by the security forces since 1987, till the period of acquisition of their lands as per law.
3. The background facts, leading to filing of the present petition, are briefly stated as under:
“The petitioners are holders of settlement certificate of lands, located at Thuampui Helipad Area, Aizawl, Mizoram and since 1987, their lands are being occupied by the security forces. Though the land acquisition proceeding was initiated on 11.06.2018 and thereafter, preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, was issued by the respondent No. 7, no rent was paid by the respondent authorities to the
The court emphasized the right to rental compensation for land occupied by security forces, mandating assessment and payment within a specified timeframe, following precedent.
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....
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.
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....
It appears that the Deputy Commissioner, Kathua has not acted in the matter and has not disbursed the aforesaid compensation to the right claimants.
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 main legal point established in the judgment is the importance of clarifying disputed questions of fact and doubts on the authenticity of the draft award before seeking any direction for payment ....
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