STATE OF MIZORAM Vs. K LALRINLIANA S/O K SAIHNAWLA (L)
LAWS(GAU)-2018-4-23
HIGH COURT OF GAUHATI
Decided on April 13,2018

STATE OF MIZORAM Appellant
VERSUS
K Lalrinliana S/O K Saihnawla (L) Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. A.K. Rokhum, the learned Addl. Advocate General, Mizoram appearing for the State appellants. Also heard Mr. L.H. Lianhrima, the learned senior counsel assisted by Ms. H. Lalmalsawmi for the sole respondent.
(2.) This is an appeal filed by the State appellants against the Judgment & Decree dated 30.07.2012, passed by the learned Senior Civil Judge-II, Aizawl District, Aizawl in Damage Suit No. 3/2008. By the impugned Judgment & Decree, the learned Trial Court has held that the respondent/plaintiff is entitled to received compensation from the State for destruction of water canal, fruit bearing trees and paddy field covered by Periodic Patta No. 606101/09/68 of 2004 caused by earth spoils from the road construction of Chhingchhip to Hmunthra by the State defendants under the Pradhan Mantri Gram Sadak Yojana (PMGSY). Accordingly, the Deputy Commissioner, Serchhip District, Serchhip was directed to make assessment of the compensation payable to the respondent/plaintiff as per the market value within a period of two months from the date of the decree and thereafter, to submit the assessment to the State defendant Nos. 1 to 6 with a copy to the plaintiff. Thereafter, the defendant Nos. 1 to 6 were directed to pay the amount of compensation as assessed within a period of two months from the date of receipt of the assessment.
(3.) At the outset, it may be noticed that although the Lower Court Records were requisitioned vide Order dated 24.06.2013 by this Court but however, the appeal has not been admitted. This fact has not been pointed out by the learned counsels for the parties. However, considering the fact that the appeal has been heard at length by this Court on 04.04.2018, I do not find any impediment in admitting the appeal even at this stage. Accordingly, the appeal stands admitted. For the sake of convenience, the plaintiff/respondent shall be referred to as the respondent and the appellants/defendants shall be referred to as the appellants hereafter.;


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