STATE OF MIZORAM Vs. K ZOMAWIA
LAWS(GAU)-2016-8-75
HIGH COURT OF GAUHATI
Decided on August 12,2016

STATE OF MIZORAM; PRINCIPAL SECRETARY TO GOVT OF MIZORAM, ENVIRONMENT And FORESTS DEPARTMENT, MIZORAM, AIZAWL; PRINCIPAL CHIEF CONSERVATOR OF FORESTS, ENVIRONMENT And FORESTS DEPARTMENT, MIZORAM, AIZAWL; DIVISIONAL FOREST OFFICER, KOLASIB FOREST DIVISION, KOLASIB, MIZORAM Appellant
VERSUS
K ZOMAWIA; ZOBIAKVELA Respondents

JUDGEMENT

- (1.) Heard Mr. B.Lalramenga, learned counsel for the appellants as well as Mr. Zochhuana, learned counsel for the respondents.
(2.) This appeal is directed against the Judgment dated 21.12.2010 passed by the learned Senior Civil Judge, Aizawl District, Aizawl in Civil Suit No. 4 of 1999, by which the appellants were directed, amongst other, to pay an amount of Rs.12 lakhs to the plaintiff/respondents as compensation for their illegal felling of 400 Nos. of Teak timbers.
(3.) The respondent as plaintiff filed Civil Suit No. 4 of 1999 against the appellants claiming for restraining the appellants from felling and cutting the Teak timbers from their garden, to pay the cost of Teak timbers already felled and cut by the appellants amounting to Rs.12,00,000/- and for payment of compensation for damages. The appellants filed their written statement before the learned Trial Court wherein they raised several contentions against the claims of the respondents and the appellants prayed for dismissal of the suit. Thereafter, the learned Trial Court framed the following issues : "i) Whether the present suit is maintainable in its present form and style ii) Whether the suit is barred by limitation iii) Whether the Huan Pass No. 831 of 1948 is transferable or inheritable iv) Whether the suit is filed by the plaintiffs in a representative capacity v) Whether the plaintiffs have any locus standi to file the present suit vi) Whether has felled about 400 nos. of Teak timbers from the garden of Pu Buchhawna vii) Whether the Government Teak Plantation was made inside the garden of Pu Buchhawna viii) Whether the plaintiffs are entitled to any relief, if so, to what extent -.;


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