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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MARLI VANKUNG
Union of India R/b The Secretary to the Govt. of India, Ministry of Defence, South Block, New Delhi – Appellant
Versus
Saithangpuii Sailo D/o Biakthuama (L) – Respondent
JUDGMENT :
Marli Vankung, J.
Heard Ms. Zairemsangpuii, learned CGC for the appellants. Also heard Mr. C. Lalramzauva, learned Senior Counsel for respondent No. 1, assisted by Mr. Zoramchhana, learned counsel and Mr. L.H. Lianhrima, learned Senior Counsel for respondent No. 2, assisted by Ms. Ruth Lalruatfeli and Ms. Lalnunhlui, learned Government advocate for the State respondents.
2. This is an appeal filed against the judgment and order dated 17.05.2023 passed by the Senior Civil Judge-I in Civil Suit No. 59/2016, wherein, the learned Trial Court had decreed for the appellants to hand over vacant and peaceful possession of the disputed land to the respondent No. 1. The appellants were also directed to deposit a rental compensation amounting to Rs. 8,70,1699/- for a period from 01.06.1963 to 31.12.2008 as already assessed by the State Government and make further assessment from 01.01.2009 till date, by setting aside the Order dated 24.11.2015 issued by the State Government.
3. The brief facts of the case is that the present respondent No. 1, being the plaintiff in Civil Suit No. 59/2016, had filed the suit by initially arraying the present respondent No. 2 (Thanzauva) as defendant No
Restoration of lawful land ownership rights requires adherence to proper transfer processes as per land revenue acts; cancellation without due procedure is invalid.
The main legal point established in the judgment is that ownership rights over land must be supported by valid evidence and in accordance with the provisions of the Mizo District (Land and Revenue) A....
The court upheld the cancellation of land settlement certificates based on procedural compliance and the validity of overlapping land claims.
Ownership and encroachment claims on land require clear proof and adherence to established records, emphasizing the necessity of addressing specific issues raised during the trial.
The court held that a title deed must be substantiated with clear evidence, and the Survey Commissioner's findings are critical in resolving land disputes.
The court affirmed that unchallenged land settlement orders establish ownership rights, overriding claims of prior possession without legal backing.
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