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GAHC030003372026

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/57/2026

The Nottheast Frontier Railway and Anr.

R/b the General Manager, N.F. Railway, Maligaon, Guwahati 2: The Deputy

Chief Engineer (Con)

N.F. Railway

Aizawl

Mizora

VERSUS

The State of Mizoram and 9 Ors.

R/b the Secretary to the Govt. of Mizoram, Land Revenue and Settlement

Department, Aizawl, Mizoram - 796001 2:The District Collector

Kolasib District

Kolasib

Mizoram - 796081

3:Sh. K Lalrinmawia

S/o K Thanhawla (L)

R/o Bairabi - 7960781

4:Sh. K Lalrintluanga

S/o K Thanhawia (L)

R/o Bairabi - 796081

5:Smt. K Lalngaihawmi

D/o K Lalrinliana

R/o Bairabi - 796081

6:Smt. Lalhlupuii

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D/o C. Lalthiangi

R/o Bairabi - 796081

7:Smt. Ramthangi

D/o Awia

R/o Bairabi - 796081

8:Sh. K Vanlalliana

S/o Hrangchhinga

R/o Bairabi - 796081

9:Smt. Rohmingthangai

D/o K Vanlalliana

R/o Bairabi - 796081

10:Smt. Rengpuii

W/o K V L Liana

R/o Bairabi - 79608

Advocate for the Petitioner : Mr. Sanjay Kumar Medhi

Advocate for the Respondent : Addl. AG/GA, Mizoram for R 1 & 2

BEFORE

HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

19.05.2026

Heard Mr. S. K. Medhi, learned counsel appearing for the

petitioner. Also heard Ms. Lalnunhlui, learned Government Advocate

appearing for the respondent Nos. 1 & 2.

By way of this petition under Article 226 of the Constitution of

India, the petitioner has assailed the impugned order dated

01.07.2022 passed by the District Collector, Kolasib, as well as the

impugned letter of assessment dated 19.07.2022 issued by the District

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Collector, Kolasib.

It is contended by the learned counsel for the petitioner that in

the instant case, as the land value was zero at the time of

determination of compensation under Section 11 of the Land

Acquisition Act, 1894 (hereinafter referred to as “LA Act, 1894”), the

statutory provision relating to payment of interest under Section 34 of

the LA Act, 1894, is not attracted. Accordingly, it is submitted that the

assessment order granting interest under Section 34 of the LA Act,

1894, from the date of compensation is without authority of law.

It has also been brought to the notice of this court that similar

issues are pending consideration before the Division Bench of this

Court in W.A. No. 265/2023, W.A. No. 320/2023 and W.A. No. 8/2024,

wherein there has been stay of orders passed by the District Collector,

Kolasib, along with the impugned order of the learned Single Judge,

against which the appeal has been filed.

Issue notice, returnable by 11.06.2026.

Notice is accepted on behalf of respondent Nos. 1 and 2 by

Ms. Lalnunhlui, learned Government Advocate. Let requisite copies be

furnished during the course of the day.

Steps in respect of the remaining respondents shall be taken

by speed post with A/D within a period of 3 (three) working days from

today.

In the interim, the operation of the impugned order dated

01.07.2022 and the letter of assessment dated 19.07.2022 shall

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remain stayed till further orders.

Relist the matter on 11.06.2026.

Comparing Assistant