B LALHMANGAIHII W/O R RODINGLIANA Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI
B Lalhmangaihii W/O R Rodingliana
STATE OF MIZORAM
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N. Sailo, J. -
(1.) Heard Mr. Lalremtluanga, the learned counsel for the petitioner and Mr. A.K. Rokhum, the learned Addl. Advocate General for the respondent Nos. 1 to 4. Mr. J.C. Lalnunsanga, the learned counsel appears for the respondent No. 5.
(2.) The case of the petitioner in brief is that she is the legally wedded wife of one Shri. F. Rodingliana, in whose name the erstwhile Village Council of South Chaltlang had issued a House Pass No. 41/1970 on 03.04.1970 under Section 3(1) of the Lushai Hills District (House Site) Act, 1953 by obtaining prior permission of the Executive Committee of the Mizo District Council. The husband of the petitioner, Shri. F. Rodingliana expired on 09.10.2010 and the petitioner as the legal representative and successor in respect of the said V.C Pass has approached this Court. It may be noticed that prior to issuance of the V.C Pass to Shri. F. Rodingliana, the same was allotted to some other person namely, Shri. H. Laltanpuia but however, the V.C Pass was subsequently changed in the name of the petitioner's late husband.
(3.) The petitioner also purchased another plot of land covered by V.C Pass No. 71/1973 issued by the same Village Council in the name of one Shri. K. Thanchhunga on 10.03.2008. As a result, all the rights and interest over the said plot of land stood transferred to the petitioner from Shri. K. Thanchhunga. According to the petitioner, the two plots of land were occupied by the Security Force and for which reason, a spot verification on account of claim for rental compensation by similar land owners, whose lands were occupied by the Armed Force including the petitioner's land was done by the Deputy Commissioner. On making such spot verification, the claims were found to be genuine and accordingly, an assessment for rental compensation for the period from 1st April 1966 to 31st August 1986 was made. The assessment was then forwarded to the Director, Government of India, Ministry of Home Affairs, New Delhi by the Secretary to the Government of Mizoram, Revenue Department vide his communication dated 11.03.2002. In the said list of claimants, the name of the petitioner's late husband was also included alongwith the previous owner of V.C Pass No. 71/1973 i.e. Shri. Thanchhunga. Therefore, it was clear that the two plots of land belonged to the petitioner. The petitioner also claims that she has been regularly paying the house tax as determined by the State Government from time to time. However, to the surprise of the petitioner she received a show cause notice from the respondent No. 2, which was issued on 09.02.2012 informing the petitioner that as there was ownership dispute over the V.C Pass issued, steps were being taken with the approval of the Government for cancellation of the V.C Pass. It was also indicated that the petitioner should submit a written reply to the show cause within 15 days from the date of receipt of the same. The petitioner in response to the show cause notice submitted a written reply stating that the Village Council Pass was validly issued and there was no reason for cancelling the same. The petitioner also requested for conversion of the Village Council Passes to Land Settlement Certificates.;
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