LALNUNRINGA S/O LALZAMLOVA Vs. DISTRICT COLLECTOR CUM DEPUTY COMMISSIONER
HIGH COURT OF GAUHATI
Lalnunringa S/O Lalzamlova
District Collector Cum Deputy Commissioner
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N. Sailo, J. -
(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioners and Mr. Samuel Vanlalhriata Chhangte, learned Govt. Advocate appearing for all the respondents.
(2.) On 30.05.2018, when the matter was listed for motion, this Court passed the following order:
"Heard Mr. A.R. Malhotra, the learned counsel for the petitioners who submits that the land of the two petitioners covered by Periodic Patta No. 103602/10/38 of 2004 and Periodic Patta No. 103602/10/120 of 2005 was acquired by the respondents concerned for construction of road from Sihhmui to Ramrikawn and by which compensation was paid only towards damages of crops. However, the learned Land Acquisition Judge in case of similar situated other person, upon considering the application filed under Section 18 of the Land Acquisition Act, 1894 vide Judgment & Order dated 22.05.2017, awarded compensation towards the value of their land. The petitioners thereafter, filed an application under Section 28-A of the Land Acquisition Act, 1894 claiming similar relieves on 21.08.2017.
Mr. A.R. Malhotra submits that the petitioners filed their application under the aforesaid Section within the time prescribed and notwithstanding the fact that the petitioners have not filed an application under Section 18 of the Land Acquisition Act, 1894, they would be entitled to similar benefits.
Considering the submission made by the learned counsel for the petitioners, instead of issuing notice at this stage, the learned Government Advocate Mr. Samuel Vanlalhriata Chhangte shall obtain instructions as regard to the status of the application filed by the petitioners before the District Collector on 21.08.2017.
To enable the learned Government Advocate to obtain such instructions, let the case be listed again on 05.06.2018.
A copy of this order be furnished to the learned Government Advocate for the needful."
(3.) Today, the learned Govt. Advocate, Mr. Samuel Vanlalhriata Chhangte upon being instructed has produced a copy of the communication dated 04.06.2018, addressed to him by the respondent No. 1, informing him that as the Award No. 1/2013 for construction of road between Sihhmui to Ramrikawn and to Mizoram University was announced on 12.07.2013 but however, the petitioners submitted their application under Section 28A of the Land Acquisition Act, 1894 (L.A Act) only on 21.08.2017, which was after lapse of about 4 (four) years. Therefore, their application cannot be entertained at this stage.;
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