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GAHC030003422026

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/58/2026

The Northeast Frontier Railway and Anr.

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

Chief Engineer (Con)

N.F. Railway

Aizawl

Mizora

VERSUS

The State of Mizoram and 10 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. Laltlanthanga

S/o V L Thawma

R/o Kawnpui - 796070

4:Smt. Remsangpuii

D/o Thuamluaia

R/o Saron Veng

Aizawl - 796001

5:Sh. Hunlawmawma

S/o Lalchhana

R/o Kawnpui - 796070

6:Smt. Vanlalpeki

D/o Selthuama

R/o Kawnpui - 796070

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7:Sh. Lallawmsanga

S/o T C Lalengliana

R/o Kawnpui - 796070

8:Sh. Laldingliana

S/o R. Malsawmthanga

R/o Venglai

Kawnpui - 796070

9:Sh. Lalchungnunga

S/o Tlangchanga

R/o Bairabi - 796081

10:Smt. T. Remsangpuii

D/o Parvula

R/o Aizawl - 796001

11:Sh. Laldinpuia

S/o V L Ruata

R/o Aizawl - 79600

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

08.09.2022 passed by the District Collector, Kolasib as well as the

impugned letter of assessment dated 12.09.2022 issued by the District

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Collector, Kolasib.

It is the contention of the learned counsel appearing for the

petitioner that the impugned order dated 08.09.2022 is passed under

Section 28 of the Land Acquisition Act, 1894 (hereinafter referred to as

“LA Act, 1894”) without any authority inasmuch as it is the Court

which is competent to pass an order under Section 28 of the LA Act

and not the District Collector. He further contended that in the instant

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

compensation under Section 11 of the 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

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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

08.09.2022 and the letter of assessment dated 12.09.2022 shall

remain stayed till further orders.

Relist the matter on 11.06.2026.

JUDGE

Comparing Assistant