Judgment · High Court
Case at a glance
Outcome
Dismissed
made out, the review petition stands dismissed
Provisions considered
Key paragraphs
- Para 33. The learned counsel for the review petitioner submits that this Court in the impugned order dated 19.03.2020 had directed that the two plots of lands covered by Periodic Passes 501801/10/58 of 2025 and 501801/10/59 of 2025 should be verified in terms of the directions…
- Para 66. On considering the fact that the directions passed by this Court in the impugned order dated 19.03.2020 passed in WP(C) 148/2019 has already been complied with, there is nothing to be reviewed. If the review petitioner is not happy with the Verification Report and…
Judgment
Advocate for the Petitioner : MR. S K MEDHI, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
13.11.2025 ORDER
Heard Mr. S.K. Medhi, learned counsel for the review petitioner, i.e. NF Railway. Also heard Ms. P. Bhattacharya, learned Additional Advocate General, Mizoram for the respondent nos.1, 2 & 3. Page No.# 2/3
The review petitioner has prayed for a review of the order dated
19.03.2020 passed by this Court in WP(C) 148/2019, wherein the respondents were directed to constitute a Verification Team to verify, as to whether the two plots of lands of the petitioner therein should be acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or he should be paid damages for the damage caused to his lands, on account of the Railways having damaged the land of the petitioner therein.
The learned counsel for the review petitioner submits that this Court in the impugned order dated 19.03.2020 had directed that the two plots of lands covered by Periodic Passes 501801/10/58 of 2025 and 501801/10/59 of 2025 should be verified in terms of the directions passed as above. However, it has now been ascertained after verification, that while Periodic Pass 501801/10/58 of 2025 belonged to the petitioner in WP(C) 148/2019, the other land covered by Periodic Pass 501801/10/59 belonged to the wife of the writ petitioner. He accordingly submits that there should be a review of the order dated
19.03.2020 passed in WP(C) 148/2019, inasmuch as, the writ petitioner in WP(C) 148/2019 was not the owner of both the plots of lands.
This Court at the outset finds that the directions passed, vide order dated
19.03.2020 in WP(C) 148/2019, had been complied with, inasmuch as, a Page No.# 3/3 Verification Team had been constituted and a Verification Report made. Thereafter, pursuant to the Verification Report made, the District Collector, Kolasib District, Mizoram had made an assessment of the damages payable to the writ petitioner therein and his wife, in respect of both the plots of lands as mentioned above.
The review petitioner had put to challenge the assessment of damages payable to the petitioner and his wife made by the District Collector by way of WP(C) 112/2024. However, WP(C) 112/2024 was dismissed by a Coordinate Bench of this Court, on the ground that the alleged non-compliance of the impugned order dated 19.03.2020 passed in WP(C) 148/2019 and the Verification Reports etc. were issues in Contempt Cas(C) No.8/2022. Further, in Contempt Cas(C) No.8/2022, the Court had given liberty to the review petitioner herein, to file the present review petition.
Operative part
On considering the fact that the directions passed by this Court in the impugned order dated 19.03.2020 passed in WP(C) 148/2019 has already been complied with, there is nothing to be reviewed. If the review petitioner is not happy with the Verification Report and the contents therein, the same should be put to challenge by way of an appropriate petition before an appropriate Forum. If the challenge failed, there is no bar for the review petitioner to approach the higher forum with his grievance. However, as no grounds for review have been made out, the review petition stands dismissed. JUDGE Comparing Assistant
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.