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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
NELSON SAILO
B. Lalzawmliana – Appellant
Versus
State of Mizoram – Respondent
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 forma
Point of Law : It is well settled that if a person has submitted to the jurisdiction of the Authority, he cannot challenge proceedings, on the ground of lack of jurisdiction of said authority in furt....
The court ruled that compensation for land acquisition must be based on thorough assessment and expert opinions, rejecting arbitrary enhancements by lower courts.
The main legal point established in the judgment is the importance of clarifying disputed questions of fact and doubts on the authenticity of the draft award before seeking any direction for payment ....
The main legal point established in the judgment is the assessment of compensation based on the market value of the land at the time of notification under Section 4(1) and the determination of land v....
The court ruled that in land acquisition, established multiplication factors must be adhered to, as deviating from them unlawfully denies rightful compensation.
The Land Acquisition Officer cannot contest compensation calculations already adjudicated in previous litigation.
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