Judicial orders of civil courts are not amenable to writ jurisdiction under Article 226; appropriate recourse lies in filing appeals when statutory rights to appeal exist.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. S. K. Medhi, learned counsel for the petitioners. Also heard Mr. L.H. Lianhrima, learned Senior Counsel, assisted by Ms. R. Lalruatfeli, learned counsel for the respondent Nos. 1 to 7; and Ms. Linda L. Fambawl, learned Addl. Advocate General for the respondent Nos. 8 and 9.

2. In this petition, under Article 226 and 227 of the Constitution of India, the petitioners have challenged the order dated 22.11.2022, passed by the District Collector, Kolasib, in connection with the application filed by the respondent Nos. 1 to 7 (Annexure-F) and also the consequential letter of assessment of District Collector, Kolasib, dated 23.11.2022 (Annexure-G).

3. The background facts, leading to filing of the present petition, are briefly stated as under:

“The respondent Nos. 1 to 7 are the land owners of the land acquired for construction of new Railway Line by N.F. Railways from Bairabi to Sairang. Thereafter, notification under Section 4 of the LAND ACQUISITION ACT , 1894 (‘Act of 1894’, for short) was issued by the Government of Mizoram, Revenue Department, vide Memo No. Κ.12011/25/2011-REV, dated 02.08.2011. Thereafter, declaration under Section 6 of the Act of 1894 was issued by the Government of Mizoram, vide Memo No. K.1200/25/2011-REV, dated 24.01.2012 followed by Award No. 1 of 2012 (Part E-Mualkhang) by the District Collector, Kolasib on 28.01.2013. By the Award No. 1 of 2012, only the value of the crops was paid to the respondent Nos. 1 to 7.

Thereafter, the respondent Nos. 1 to 7, along with other land owners of the Award No. 1 of 2012 (Part E Mualkhang), had submitted an application under Section 18 of the Act of 1894 before the District Collector, Kolasib, and the same was referred to the learned Additional District Judge-III, Aizawl for further adjudication and then the application was registered as L.A. Case No. 19/2013. Thereafter, learned Additional District Judge-III, Aizawl, vide judgment and award dated 06.03.2014, passed in L.A. Case No. 19/2013, had directed the District Collector, Kolasib District to reassess the compensation payable to the petitioners in the L.A. Case (including respondent Nos. 1 to 7) by including the value of the land which is to be calculated @ Rs.25/- per sq. feet, along with 30% solatium on the market value, under Section 23(2) of the Act of 1894 and interest @12% per annum on the market value, under Section 23(1A) of the said Act, within a period of two months from the date of judgment and further directed the N.F. Railways/petitioners herein, to disburse the amount to the claimants by the District Collector, Kolasib within a period of two months thereafter. Then, the N.F. Railways deposited an amount of Rs. 13,10,56,777/-, vide cheque No. 498300, dated 27.01.2015, with the District Collector, Kolasib and same was disbursed to the claimants in the L.A. Case.

Thereafter, some petitioners in L.A. Case No. 19/2013, had filed a civil miscellaneous application, being CMA No. 92/2019, arising out of L.A. Case No. 19/2013, before the learned Additional District and Sessions Judge-I, Aizawl (‘Reference Court’, for short), claiming statutory interest, under Sections 28 and 34 of the Act of 1894 for their land. Thereafter, learned Additional District and Sessions Judge-I, Aizawl, vide judgment and order dated 05.04.2019, passed in CMA No. 92/2019, directed the District Collector, Kolasib to make assessment of the amount of interest under Sections 28 and 34 of the Act of 1894, within a period of two months from the date of receipt of the