Administrative authorities cannot unilaterally reduce previously sanctioned compensation through re-assessment without objective, record-based evidence. An administrative action regarding financial entitlements remains unsustainable if the basis for such reduction is not supported by contemporaneous documentation, and the state cannot substantiate claims solely via subsequent affidavits.

JUDGMENT & ORDER :

(Nelson Sailo, J.)

Heard Ms. Dinari T. Azyu, learned Senior counsel assisted by Mr. Victor L Ralte, learned counsel for the petitioners and Ms. Lalnunhlui, learned Govt.Advocate for the respondents.

[2.] The petitioners who are five (5) in numbers have filed the instant writ petition claiming that they are the genuine owners of the respective lands located at Bukpui village within the district of Kolasib in the state of Mizoram. The nature of their land holding is either by way of Periodic Patta or by way of Village Council Passes which have been issued by the competent authority.

[3.] The State Government in the Public Works Department has undertaken the acquisition of land measuring 115.20 km in length for up- gradation of Serkhan to Bagha road under the provisions of the Land Acquisition Act, 1894 (LA Act). As a result of the proposed up-gradation of the road, the land of the petitioners, apart from other similarly situated persons, have been affected and as stated earlier, the land of the petitioners falls within the Bukpui village, which has been marked as Part-F Bukpui village by the District Collector concerned. The District Collector upon completing the formalities as required under the LA Act came up with Draft Award No. 3/2014 for Part-F Bukpui village and the assessment was to the tune of Rs. 2,57,25,966/- and duly signed by the him on 23.04.2015.

[4.] As per the Draft Award, the petitioner No. 1 in respect of his Periodic Patta No. 53/2006 for the value of crops was assessed as Rs. 29,58,876/-. In respect of his other land covered by Periodic Patta No. 53/2006, the area of land to be acquired was shown as 106524 sq.ft., and for which a sum of Rs. 15,97,860/- was assessed towards land value. In respect of petitioner No. 2 who possessed Periodic Patta No. 229/2009, a sum of Rs. 3,55,950/- has been assessed towards the value of crops. In respect of petitioner No. 3, who is the holder of VC Pass No. 6/1994, a sum of Rs. 4,83,016/- has been assessed towards the value of crops. In respect of petitioner No. 4 who is the holder of VC Pass No. 29/2007, a sum of Rs. 2,06,500/- has been assessed towards the value of crops. Lastly, in respect of petitioner No. 5 who is the holder of Periodic Patta No. 168/2008, a sum of Rs. 1,53,254/- has been assessed as the value of crops.

[5.] The Draft Award was conveyed to the State Government in the Revenue Department and the same was approved along with the remaining Parts apart from Part-F Bukpui and conveyed to the District Collector-cum- Deputy Commissioner, Kolasib on 21.05.2015 by the Under Secretary to the Government of Mizoram, Revenue Department through a letter under memo No. K.12011/30/11-REV/Pt-1. However, in respect of the petitioner No. 1, it was mentioned in the said letter that the assessed amount in favour of the petitioner No. 1 had omitted for want of clarification. The Deputy Commissioner, Kolasib district vide his letter dated 04.07.2016 written to the Under Secretary to the Government of Mizoram, Land Revenue & Settlement Department subsequently clarified that the claim of the petitioner No. 1 was verified on the spot and the assessment was done and the same was found to be genuine. That the amount so assessed i.e., Rs. 45,56,736/- was found to be correct.

[6.] While the petitioners were expecting payment of the compensation amount that was assessed, the respondents contemplated re-verification of the claim in view of the order passed by this Court on 19.03.2018 in WP(C) No. 167/2017. Be it stated herein that the said writ petition was initiated by Serkhan to Bagha Co-ordination committee, which claimed that in the construction/widening of Serkhan to Bagha road, there were certain false claims made while genuine affected land owners were deprived of the compensation. Taking into account the grievances of the petitioners in that writ petition, a Coordinate Bench of this Court vide Order dated 19.03.2018 disposed of the writ petition in the following manne