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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ASHUTOSH KUMAR, CJ., MICHAEL ZOTHANKHUMA
State of Mizoram, represented by the Chief Secretary to the Govt. of Mizoram, Aizawl – Appellant
Versus
H.K. Remliana, S/o. Dokunga (L) – Respondent
JUDGMENT :
Ashutosh Kumar, CJ.
We have heard Ms. Vanneihsiami, learned Government Advocate, Mizoram for the appellants and Mr. L. Khiangte, learned Advocate for all the respondents.
2. The Mizoram (Land Revenue) Act, 2013 was amended by the Mizoram Land Revenue (Amendment) Act, 2022 (hereinafter to be referred as the “Act of 2022”), which was notified on 22.09.2022 and published in the Gazette on 23.09.2022. By virtue of that amendment in the Act, a new section, namely, Section 75A, was inserted, which provided that the share of the Government on acquisition of land in case of acquisition covered by house pass or stall pass or shop pass or periodic patta or land lease, in which the pass holder have a temporary right, title, interest and possession of the land held, for the purpose of the Union and States crops and building damage compensation as well as land value may be assessed and be paid by the concerned Collector of the District or the concerned competent authority for land acquisition, as the case may be, provided by the validity of the tenure of the said land holding has not expired.
Sub-section (2) of Section 75A of the Act of 2022, which is crucial for deciding this case is th
The court ruled that retroactive amendments allowing government deduction of 15% cess from compensation for land acquisition apply to awards pronounced post-amendment, rejecting the respondents' clai....
The Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 is not applicable; the Act of 2013 governs land acquisition in Mizoram.
Deduction of cess from compensation is illegal; petitioners entitled to interest for delayed compensation.
The Mizoram Land Acquisition Act is inapplicable due to lack of Presidential assent, and compensation must be determined under the Right to Fair Compensation and Transparency in Land Acquisition Act,....
Compensation for acquired land can include statutory cess deductions as per the Act, confirming the legality of such levies against previous administrative costs.
The court ruled that the Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 is inapplicable for land acquisition, directing adherence to the Act of 2013 for compensation assessment.
Uniform compensation is warranted for land acquired for the same public purpose, irrespective of land classification, with no deductions allowed for rural connectivity projects.
Compensation for land acquisition must be determined under the New Act if no valid award existed under the Old Act at the time of the New Act's enactment.
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