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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Marli Vankung
North East Frontier Railways Represented by Deputy Chief Engineer Construction – Appellant
Versus
Sh. Kawlchhawnthanga S/o Rohluma – Respondent
| Table of Content |
|---|
| 1. compensation awarded for damages caused by railway construction. (Para 2 , 3 , 5) |
| 2. arguments regarding liability and contractor's role. (Para 6 , 10 , 12) |
| 3. court's observation on necessary parties and remand for further proceedings. (Para 15 , 17 , 19) |
JUDGMENT :
Marli Vankung, J.
Heard Mr. S.K. Medhi, learned counsel for the appellant. Also heard Mr. R.K. Malsawmkima, learned counsel for respondent Nos. 1 to 3 and Mrs. Caroline K. Lungawipuii, learned Government Advocate for respondent No. 4.
2. This is an appeal filed against the Judgment & Decree dated 08.12.2022 passed by the learned Senior Civil Judge, Kolasib District, Mizoram in Damage Suit No. 4/2019, wherein the appellant was directed to pay compensation to the private respondent Nos. 1 to 3 for the damage caused to their land and crops located at Khamrang due to the construction of Railway line from Sairang to Bairabi by the appellant.
3. Brief facts of the case is that the present respondent Nos. 1 to 3, namely, Sh. Kawlchhawnthanga, Sh. Vanlalruata and Sh. Zomuana are the owners of VC Pass No. 5/09/2009, VC Pass No. 9/2009 and VC Pass No. 12/2010 respectively. They had filed the Damage Suit No. 4/2019 ag
The trial court's failure to include the contractor as a necessary party in a damage suit led to a remand for further proceedings.
Rights of property must be compensated when construction causes damage beyond the right of way, violating Articles 14, 21, and 300A of the Constitution.
The court emphasized the duty of defendants to prevent damage to adjacent properties and highlighted the importance of uncontroverted expert valuation in assessing damages.
Negligence of defendants in managing water pipeline resulted in damages to plaintiffs' agricultural land, warranting compensation of Rs.2,90,000 with interest.
Court directed an assessment and compensation for damages to local tribes' plantations due to highway construction, emphasizing timely relief and responsibility of authorities.
A contract termination must adhere to principles of natural justice, including the right to a personal hearing, and disputes regarding breaches must be adjudicated by an independent forum rather than....
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