The court emphasized the right to rental compensation for land occupied by security forces, mandating assessment and payment within a specified timeframe, following precedent.

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 them for occupation of their land by the security forces. Being aggrieved, the petitioners have approached this Court by filing the present petition for granting the relief aforesaid.”

4. The respondent Nos. 1 and 4 have filed their affidavit-in-opposition denying the statements and averments made in the present petition. It is stated that LSC was issued to the petitioners during 1996 and 1997 and the same may be fraudulent as the land in question was under the occupation of Government of India, Ministry of Defence during 1996. It is also stated that as per Government of Mizoram ‘Collection of Acts, Regulation of Rules’ operated by the Revenue Department in connection with Revenue Administration, compiled by Directorate of Land Revenue and Settlement in Chapter 11 (Section 4-7) in Para No. 3 to Para No. 9, it is the Chief Controlling Authority who has to survey the land applied for temporary or permanent allotment, through village council president concerned with his recommendation. It is also stated that in Para No. 9 of the aforesaid Collection of Acts, Regulation of Rules, it is mentioned that the Field Staff has also to submit their reports as to whether the land is available for settlement under patta and free from encumbrances and therefore, allotment of LSC to the petitioners during 1996, has violated the aforesaid Collection of Acts, Regulation of Rules, as the land concerned is under the occupation of Government of India, Ministry of Defence, since 01.09.1986.

4.1. It is further stated that the petitioners’ name had never been reflected in the payee’s receipt for the periods of 01.09.1986 to 31.12.1997, 01.01.1998 to 31.12.2005 and 01.01.2006 to 31.12.2007, furnished by the State authorities of Mizoram and their names have also not been reflected in the Award No. 1 of 2019, dated 18.07.2019. But, the Deputy Commissioner, Aizawl has reflected the names of the petitioners only in the Supplementary Award dated 27.01.2020.

4.2. It is also stated that the land concerned is under occupation of the Government of India, Ministry of Defence since 01.09.1986 and the rental compensation amounting to Rs. 5,19,93,771/-, Rs. 8,86,64,648/- and Rs. 1,98,30,370/- made by the Ministry of Defence for the period w.e.f. 01.09.1986 to 31.12.1997, 01.01.1998 to 31.12.2005 and 01.01.2006 to 31.12.2007, respectively as per the ownership wise assessment submitted by the Deputy Commissioner, Aizawl, and that the payments of rental compensation had been made by the Ministry of Defence from time to time through State Government of Mizoram for the total area occupied in different locations of Mizoram for onward disbursement to the rightful land owners, and the State Government of Mizoram has to produce their clarification in the matter of non-payment of rental compensation to