LALTLUANGPUIA S/O LAIBUANGA Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
Laltluangpuia S/O Laibuanga
UNION OF INDIA
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A. M. Bujor Barua, J. -
(1.) Heard Mr. Joseph Mangsuanhau, learned counsel for the appellants as well as Mr. Rosangzuala Ralte for the authorities under the State of Mizoram as well as Ms. Zairemsangpuii for the authorities under the Union of India.
(2.) The appellants claim that their land, building and crops were acquired in January 2010 for the purpose of extension of Farkawn to Thekte road without recourse to the provisions of the Land Acquisition Act of 1894 (hereinafter referred to as the Act of 1894) and in the resultant situation, were paid a nominal amount of compensation. The amount so given to them were as per the chart prepared by the Block Development Officer, Khawbung RD Block and it did not contain the solatium and interest as contemplated under the Act of 1894. The appellants also are of the view that although they have been in possession of the land in question for a long time but they were neither issued any Village Council Pass nor any Land Settlement Certificate, which according to the appellants was because of a letter under Memo No. B-12019/37/89- DLAO (A)/165 dated 21.05.1992.
(3.) In the aforesaid circumstances, the appellants preferred WP(C) No. 98/2014, inter alia for declaring the letter dated 21.05.1992 to be null and void, with directions to pay the appellants a solatium of 100% and interest @12% for 4 years, and further direction that a valuation of the lands of the appellants be undertaken under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013). In its proceedings before the learned Single Judge, the appellants raised a plea that as the land documents/passes were not issued, therefore, they were deprived of a fair compensation and therefore, they should now be paid under the Act of 2013.;
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