LIANHMINGTHANGI Vs. STATE OF MIZORAM
LAWS(GAU)-2018-9-121
HIGH COURT OF GAUHATI
Decided on September 20,2018

Lianhmingthangi Appellant
VERSUS
STATE OF MIZORAM Respondents

JUDGEMENT

Manash Ranjan Pathak, J. - (1.) Heard Mr. L. H. Lianhriama, learned Senior Advocate, assisted by Ms. H. Lalmalsawmi, learned counsel for the petitioners. Also heard Mr. Samuel Vanlalhriata Chhangte, learned Government Advocate, Mizoram for respondent Nos. 1, 2 & 4 and Mr. B. Lalramenga, learned Standing counsel, Forest Department for respondent No. 3.
(2.) Issue involved in this writ petition is whether the State respondents are unauthorisedly occupying the land of the petitioners constructing Aizawl Zoological Park over it and thereby illegally deprived them from using the benefit of said land without paying any rent or compensation.
(3.) With regard to the land involved in the case, the contentions of the petitioners herein are that the President of Sakawrtuichhun Village Council on 05.02.1971 initially issued them Village Council Passes. Later the Revenue Department with the approval of the Government made fresh allotment of said land by issuing Agricultural Land Settlement Certificates (LSCs) bearing Nos. (i) No. G.162 of 1987, (ii) No. G. 163 of 1987, (iii) No. G. 164 of 1987, (iv) No. G. 165 of 1987, (v) No. G. 166 of 1987 and (Vi) No. G. 167 of 1987 to the petitioners No. 1 to 6 respectively under Section 4 (2) of the Mizo District (Agricultural Land) Act, 1963 and Rules 6 and 19 of the Mizo District (Agricultural Land) Rules 1971. The petitioners stated that their land under those LSCs are within the boundary of Aizawl Town area covering Sairang as per the Notification No. J.43011/1/98/-REV dated 04.10.2000 issued by the Revenue Department of the State under the provisions of Section 15 of the Mizo District (Land and Revenue) Act, 1956 as amended in 1976, which was published in the Mizoram Gazette on 25.10.2000.;


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