The trial court's failure to include the contractor as a necessary party in a damage suit led to a remand for further proceedings.

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 against the appellants for the damage caused to their lands and crops located at Khamrang, Kolasib on the construction of Railway line from Bairabi to Sairang by the present appellants. The appellants in the year 2011 had initiated acquisition of land for construction of Railway line from Bairabi to Sairang and notification was also issued in this respect. The appellants had acquired the private lands of the persons the construction of the Railway line and accordingly had paid compensation for the acquired land vide Award No.1/12 (Khamrang). Thereafter, in 2019, the respondent Nos. 1 to 3 complained to the appellants, stating that in their process of construction of the Railway line a large portion of their land and crops were destroyed, however, since no steps was taken by the appellants, the Damage Suit No. 4/2019 was filed by the respondents/plaintiffs. The appellants/defendants had filed their written statement before the learned Trial Court by submitting that the appellants had already paid the private respondents the compensation for acquisition of their landed properties and the private respondents at a belated stage, had filed compensation for damages of their land and crops when they had not filed any objection nor informed the Railway authority regarding the said damages at the relevant time. It was also the case of the appellants that the railway construction work is carried out by the private construction companies and not by the Railway authority and hence, the Damage Suit is defective and liable to be dismissed for not making the private construction companies a party.

4. The learned Trial Court heard both the parties on 03.03.2022 and observed that both the parties agreed that a joint spot verification should be done regarding the claim of the private respondents/plaintiffs. Accordingly, the learned Trial Court directed that a Joint Spot Verification/JSV be conducted by the Settlement Officer, Land Revenue & Settlement Department in the presence of both the parties, wherein the Settlement Officer, Kolasib was to clarify whether the defendant No. 2 (appellant/NF Railways) had caused damage to the lands of the 3 private respondents/plaintiffs within their respective LSCs. The Joint Spot Verification was conducted and the report was submitted on 02.05.2022, wherein it was found that the land and crops of the private respondents were damaged during the construction of the railway line. The parties in order to expedite the process of trial waived to produce witnesses and sought to rely on the Joint Spot verification report. On 08.06.2022 hearing was conducted wherein the court held that damage was caused to the land and crops of the private respondents. The learned Trial Court then directed the District Collector to make assessment of the dama