GAHC030002362025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/43/2025 Sh. Punyo Chandra Chakma S/o Late Biraj Moni Chakma R/o- Village Borapansury-I Dist.- Lawngtlai, Mizoram-796770.

VERSUS Union of India and 4 Ors.

R/b its Secretary, Ministry of Home Affairs, Govt. of India, New Delhi-110001.

2:The Inspector General (IG) Border Security Force (BSF) Mizoram and Cachar Frontier Masimpur Silchar Assam - 788025.

3:The Commanding Officer Border Security Force Borapansury Out Post Chakma Autonomous District Council District- Lawngtlai Mizoram-796770.

4:The Deputy Commissioner Electric Veng District-Lawngtlai Mizoram-796891.

5:The Land Revenue and Settlement Dept.

Chakma Autonomous District Council (CADC)

District-Lawngtlai Mizoram-796770 Advocate for the Petitioner : Mr. B. Chakma Advocate for the Respondent : Addl. AG/GA, Mizoram for R4

ORDER

B E F O R E HON’BLE MR. JUSTICE NELSON SAILO

29.04.2025 Heard Mr. B. Chakma, learned counsel for the petitioner who submits that the petitioner has been issued a Land Settlement Certificate by the Chakma Autonomous District Council vide LSC No. 23 of 2008 dated 10.07.2008 for an area of 30,000 square metres located at Borapansury-I. He submits that the LSC was apportioned from Pass No. L.26/1957 dated 06.11.1957 issued by the Circle Recorder, Pawi-Lakher Regional Council, Saiha between the petitioner and his father, B.M. Chakma. The petitioner’s father was issued LSC No. 6/1991 dated

09.07.1991 for an area of 13,797 square metres.

The learned counsel submits that due to illegal occupation of their land, the petitioner’s father approached this Court by filing WP(C) No. 21 of 1998 which was disposed of vide Judgment & Order dated 17.07.2002 with a direction to the respondent authorities to pay the petitioner compensation by way of land or by acquiring his land as per the provisions of law.

The learned counsel submits that although the petitioner’s father was duly compensated, but the present petitioner was not given any compensation. The petitioner was not aware of his rights that he should be paid compensation for the illegal occupation by the Border Security Force authorities and upon realizing that he has been deprived of due compensation, he filed a representation to the Inspector General of Border Security Force (Respondent No. 2) on 21.10.2024 seeking appropriate compensation for occupation of his land. In reply to the said representation, the petitioner was informed by the authority concerned in the Ministry of Home Affairs, Government of India, Frontier Headquarters, Border Security Force M&C (Operations Branch) on 12.11.2024 that the Chakma Autonomous District Council, Kamalanagar had allotted the land to the BSF at Borapansury vide L/No. R-4/91-92/CDC dated 27.01.1992 under sub section (5) of the Chakma Autonomous District Council (Agriculture Land) Act 1983. Further, the BSF was also intimated through R-9/94/95/CADD/44 dated 06.01.1995 that land was allotted to them for construction of departmental offices/quarters etc. on free of cost, tax and pass free and it does not have to be renewed. The petitioner was also informed that the letter that he made on 21.05.2009 was also withdrawn by him later on vide another letter dated 21.06.2009 after accepting that he had written his letter unknowingly and due to misunderstanding and aggrieved to withdraw the same.

Similarly, by another communication dated 18.01.2025, the petitioner through his counsel was informed about the allotment made by the Chakma Autonomous District Council, Kamalanagar in favour of the BSF for occupation of the said land as was earlier written vide letter dated 12.11.2024.

The learned counsel submits that while the BSF authorities claim allotment of land to them free of cost, the Senior Revenue & Settlement Officer-cum-State Public Information Officer of the Land Revenue & Settlement Department under the Chakma Autonomous District Council in reply to the RTI query made by the pe