MALSAWMA Vs. STATE OF MIZORAM
LAWS(GAU)-2021-1-36
HIGH COURT OF GAUHATI
Decided on January 27,2021

Malsawma Appellant
VERSUS
STATE OF MIZORAM Respondents




JUDGEMENT

AJIT BORTHAKUR,J. - (1.)Since the issues involved in all the above ten (10) writ petitions are arising out of land acquisition Awards mentioned below in respect of Tuirial Hydro Electric Project, Mizoram under the Land Acquisition Act, 1894 they are taken up together and disposed of by this common Judgment and Order.
(2.)Heard Mr. A.R. Malhotra, the learned counsel appearing for the petitioners in WP(C) Nos. 45 of 2017; 51 of 2017 and 16 of 2014; Mr. Lalfakawma, the learned counsel appearing for the petitioners in WP(C) Nos. 130 of 2013; 131 of 2013; 132 of 2013 and 135 of 2013. Also heard Mr. Lalchhanliana Khiangte, the learned counsel for the petitioners in WP(C) Nos. 116 of 2015; 117 of 2015 and 118 of 2015. Further, heard Mr. C. Zoramchhana, the learned Addl. Advocate General for the respondent Nos. 1, 2 and 3; Ms. Zairemsangpuii, the learned CGC appearing for the respondent No. 4 as well as Mr. V.K. Jindal, the learned Senior Advocate assisted by Mr. Roshan Subedi, the learned counsel appearing for the respondent No. 5/NEEPCO.
(3.)The aforesaid ten writ petitions are preferred being not executed the following Awards are not executed relating to acquisition of lands of the petitioners for construction of the Tuirial Hydro Electric Project, Mizoram.
(A) Award No. 4/2002 dated 18.6.2002 [WP(C) No. 130/2013; WP(C) No. 16/2014 and WP(C) No. 118/2015]

(B) Award No. 5/2003 dt. 16.7.2003 and Supplementary Award No. 6/2003 dated 27.01.2006. [WP(C) No. 132/2013; WP(C) No. 135/2013; WP(C) No. 116/2015]

(C) Award No. 5/2002 dated 26.8.2002 [WP(C) No.131/2013]

(D) Award No. 6/2003 and Supplementary Award No.6/2003 [WP(C) No.45/2017 WP(C) No. 51/2017 WP(C) No. 117/2015] Now let us see the reliefs prayed by the petitioners Award wise and writ petition wise relevant thereto:

(A) Award No. 4/2002:

The Award No. 4 was made and published by the District Collector on 18.6.02 for an amount of Rs. 8,04,90,627/- towards payment of compensation to 352 awardees for trees, crops, plants etc., in respect of 9310 bighas of land to be acquired for submergence area (Phase-I). It may pertinently be mentioned that the NEEPCO in pursuance to MoU dated 12.08.2003 paid 50% of the awarded amount to the land holders, was subsequently objected by the State Government and Government of India. The following writ petitions are related to claim for execution of the aforesaid award and for making a supplementary award.

(i) W.P(C) No.130/2013:

The aforesaid Writ Petition is filed by 229 number of Awardees with a common prayer to direct the Respondents to pay the balance compensation amount to the Petitioners under the above Award No. 4/2002 and also to make a Supplementary Award to the said Award No. 4 of 2002 and further to pay interest @ 6% p.a due to delay in payment.

(ii) W.P(C) No.16/2014:

This Writ Petition is filed by 20 number of Awardees of Award No. 4/2002 with similar prayers as made in W.P(C) No. 130/2013.

(iii) W.P(C) No.118/2015:

This Writ Petition is filed by 32 number of Awardees of Award No. 4/2002 with similar prayers as that of W.P(C) No. 130/2013.

(B) Award No. 5/2003:

The Award No. 5/2003 dated 16/7/2003 was passed by the Collector for Rs. 5,58,60,928.00 for payment to 348 number of Awardees as compensation for trees, crops, plants etc., in respect of 16468.77 bighas of land acquired for submergence area Phase - II of the Tuirial Hydro Electric Project.

(i) W.P(C) No. 132/2013:

This Writ Petition is filed by 165 number of Awardees of Award No. 5/2003 with a prayer to direct the Respondents to pay the compensation amount to the Petitioners as per Award No. 5/2003 and also to make a Supplementary Award to the Award No. 5/2003.

(ii) W.P (C) No. 135/2013:

This Writ Petition is filed by 53 number of Awardees of Award No. 5/2003 with similar prayers as that of W.P(C) No.132/2013.

(iii) W.P (C) No.116/2015:

This Writ Petition is filed by 44 number of Awardees of Award No.5/2003 with similar prayers as that of W.P (C) No. 132/2013.

(C) Award No. 5/2002:

Award No. 5/2002 dated 26/8/2002 is for Rs.68,52,716.00 for payment to 74 petitioners as compensation for standing crops, trees etc., for construction of borrow area and saddle dam area in respect of 857.84 bighas of land was passed by the Collector. The following Writ Petition is related to the execution of the aforesaid award and for making Supplementary Award to Award No.5/2002.

(i) W.P (C) No. 131/2013:

The instant Writ Petition is filed by 70 number of Petitioners/ awardees for execution of the said award and for making a Supplementary Award to the Award No.5.

(D) Award No. 6/2003:

Award No. 6/2003 is for Rs. 8,85,50,461.00 for payment to 196 petitioners who are Land Settlement Certificate holders as compensation for standing crops etc., in respect of 9189.94 bighas of land (Phase -III) was passed by the Collector. The following Writ Petitions are related to the Execution of the aforesaid award and for making Supplementary Award to Award No.6/2003:-

(i) W.P (C) No. 117/2015:

This Writ Petition is filed by 15 number of Awardees of Award No. 6/2003 for execution of the Award No. 6/2003 and to make a Supplementary Award to Award No. 6/2003.

(ii) W.P(C) No. 51/2017 and W.P(C) No.45/2017:

Consequent upon the order dated 2.7.2012 passed in CRP No.02/2011, the Government of Mizoram issued the impugned order dated 05.08.2016 to cancel all the LSCs of the land owners and to cancel the Award No.6/2003 and supplementary award No. 6/2003. The Writ Petitioners in both the writ petitions have assailed the said impugned order of the Government of Mizoram dated 05.08.2016.

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