P. L. LALLAWMZUALA Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI
P. L. Lallawmzuala
STATE OF MIZORAM
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MARLI VANKUNG,J. -
(1.)Heard Mr. Vanlalnghaka, learned counsel for the petitioners alongwith Ms. Mary L. Khiangte, learned Govt. Advocate for respondent Nos. 1-4 and Ms. Zairemsangpuii, learned counsel for respondent Nos. 5-7.
(2.)This is a writ petition under Article 226 of the Constitution praying for a direction for the respondents to pay the petitioners fair compensation including land value, solatium and interest as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and for a direction for quashing the notification dtd. 11/3/1982 declaring 'Thorang Tlang' as a Reserved Forest for acquisition of the farmlands of the petitioners for the purpose of Thorang Tlang Wildlife Sanctuary and for release of the petitioners lands after paying due compensation as per law.
(3.)Mr. Vanlalnghaka learned counsel for the petitioners submits that the petitioners are from Dampui South Village and they have been residing in the area, what is now known as Thorang Tlang Sanctuary. The petitions were farmers and have been planting crops within the said village since the year 1992 having properties covered by periodic pattas and village council passes. This area was also notified as "Thorang Elephant Santuary" in 1995 but no information was given to them. The State had declared Thorang as Reserved Forest vide its notification dtd. 11/3/1982. Then around 2011, the respondents informed them that the said village is a wildlife sanctuary and that they have to be relocated. The petitioners were pressurize with a scheme wherein they would be relocated to a new location and that they would be aid a sum of Rs.10.00 lakhs per family. The respondents resort to stoppage of all infrastructural and health facilities to the village as by means of coercion, forced the petitioners to leave the Dampui South under the scheme of payment of Rs.10.00 lakhs each for relocation of their homes, however, since they was no proper relocation scheme, the said 10 lakhs was not sufficient and have hence have approached this court that their lands may be acquired as per the 2013 Act since the petitioners are having Village Council Passes and Periodic Pattas.
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