Sh. Vantluanga v. The State of Mizoram

3: Baptist Kohhran Hmeichhe Pawl R/b Smt. Lalsangliani D/o Kapchhunga R/o Bualpui 'H' Page No.# 3/9 4: Mizoram Hmeichhe Insuihkhawm Pawl (MHIP) Bualpui 'H' R/b Lalhmangaihsangi D/o Siamkunga R/o Bualpui 'H' Mizoram 5: Village Council House R/b MC Lallawmawma S/o MC Lalbiaka R/o Bualpui 'H' Mizoram 6: Anganwadi House R/b Jenny Vanlalfeli D/o MC Biakliana R/o Bualpui 'H' Mizoram 7: Sh. Laldika S/o Aizova R/o Bualpui 'H' Mizoram 8: VCP Bualpui 'H' R/b MC Lallawmawma S/o MC Lalbiaka R/o Bualppui 'H' Mizoram 9: Sh. Aizova S/o Zakunga R/o Bualpui 'H' Mizoram 10: Sh. S. Cheulinga S/o Thangbuta R/o Bualpui 'H' Mizoram VERSUS The State of Mizoram and 6 Ors. R/b the Secretary to the Govt. of Mizoram Land Revenue and Settlement Department Aizawl 2:The Director Land Revenue and Settlement Department Page No.# 4/9 Aizawl 3:Union of India R/b the Secretary Ministry of Defense 101-A South Block New Delhi 4:The District Collector Lunglei District Lunglei 5:The District Collector Hnahthial District Hnahthial 6:The Chief Engineer Project Pushpak Aizawl 7:The Executive Engineer (Civil) Officer Commanding 74 Road Construction Company (GREF) Pin-930074 C/o 99 APO Advocate for the Petitioner : Mr F Lalengliana Advocate for the Respondent : Addl. AG/GA Mizoram for R 1 2 4 5 B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER

6.10.2025 Heard Mr. F. Lalengliana, learned counsel for the petitioners. Also heard Page No.# 5/9 Ms. Lalnunhluii, learned Govt. Advocate for the State respondents and Ms. Zairemsangpuii, learned CGC.

2. It is seen that both WP(C) No. 67/2025 & WP(C) No. 74/2025 are analogous matters wherein, the petitioners in both the writ petitioners are the genuine land owners of Bualpui “H” village wherein the landed property was acquired by the 74 RCC (GREF) under the Ministry of Defence, Govt. of India for maintenance of National Security, etc.

3. The instant writ petitions filed under Article 226 of the Constitution of India is for the issuance of the appropriate writ or direction to the respondents for re-assessment of compensation paid to the petitioners as per the Right to Fair Compensation and Transparency in Land Acquisition & Resettlement Act, 2013. This court therefore, find it fit to disposed of WP(C) No 67/2025 & WP(C) No.74 of 2025 by a common Judgment & Order.

4. Mr. F. Lalengliana, learned counsel for the petitioners submit that, the petitioners are the genuine land owners of Bualpui “H” village, wherein, the landed property was acquired by the 74 RCC (GREF) under the Ministry of Defence, Govt. of India for maintenance of National Security, etc. along the Indo-Myanmar International border and a draft award No. 1 of 2023 was prepared and published under the Mizoram (Land Acquisition, Rehabilitation & Resettlement Act), 2016. The petitioners, accordingly received the Page No.# 6/9 compensation due in terms of the draft award No. 1/ 2023. Meanwhile, the Coordinate Bench of this court in WPC No. 20/2024 (Shri. R.Lalthanzauva & 87 Ors. Vrs. Union of India & Ors.) & WPC 30 /2024 (Shri. Malsawmtluanga & Ors. Vrs. Union of India & Ors.) vide its Judgment & Order dated

15.11.2017 held that the Mizoram(Land Acquisition, Rehabilitation and Resettlement Act), 2016 was not was not applicable in the State of Mizoram. The Division Bench in Writ Appeal No. 70/2018 dated 30.10.2024, upheld the said Judgment & Order dated 15.11.2017 and thereafter, the Coordinate Bench of this court in WP(C) 26/2023 with WP(C) 114/2022 dated 25.11.2024 and in WP(C) No. 125/2021 dated 21.11.2024 passed an order for reassessment of compensation amount to be received by the land owners in terms of the Right to Fair Compensation and Transparency in Land Acquisition & Resettlement Act, 2013.

5. The learned counsel for the petitioner submitted that the instant case is covered by the judgment of this court in WP(C) 26/2023 dated

25.11.2024 and WP(C) No. 125/2021 dated 21.11.2024. He prayed that a similar order may be passed for reassessment of the compensation amount entitled to the land owners/ petitioners on acquisition of the land by applying the provisions of the Right to Fair Compensation and Transparency in Land Acquisition & Resettlement Act, 2013. Page No.# 7/9

6. Ms. Lalnunhlui, learned Govt. Advocate for the State respondents and Ms. Zairemsangpuii, learned CGC in all fairness, submits that the instant writ petition is covered by the Judgment & Order of the Coordinate Bench of this court in WP(C) No. 26/2023 dated 25.11.2024 & WP(C) No. 125/2021 dated 21.11.2024 and therefore, will not be filing any counter affidavit in the instant case.

7. Having considered the submissions made by the learned counsels for both the parties, it is seen that it is not a disputed fact that the instant petitioners are the genuine land owners of their landed property at Bualpui ‘H’ and that their landed properties were acquired for the construction of road at Thingsai-Bualpui “H” –Saisih – Pangkhua - Sangau Road by the 74 RCC (GREF) under the Ministry of Defence, Govt. of India for the maintenance of National Security along the Indo-Myanmar International border. It is also not a dispute fact that the petitioners have already received the compensation due to them, under the Mizoram (Land Acquisition, Rehabilitation & Resettlement Act), 2016. However, since the Division Bench of this court in WA No. 70/2018 dated 30.10.2024 held that the Mizoram (Land Acquisition & Resettlement Act), 2016 is not applicable in Mizoram and the (Land Acquisition and Resettlement Act), 2013 is to be applied and also considering the fact that the Coordinate Bench of this court Page No.# 8/9 WP(C) No. 125/2021 dated 21.11.2024 & WP(C) No. 26/2023 dated

25.11.2024 had also held that the compensation received by the petitioners under the Mizoram (Land Acquisition and Re-settlement Act), 2016 is to be reassessed under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.This court finds that the instant case is squarely covered by the said judgments of the Coordinate Bench of this court.

8. This court thus, find it fit to dispose of the WP(C) No. 67/2025 & WP(C) No. 74/2025 by passing a similar order as passed by the Coordinate Bench of this court in WP(C) No.125/2021 dated 21.11.2024 & WP(C) No. 67/2025 dated 25.11.2024.

9. Accordingly, the petitioners shall, within a period of 3 weeks submit their respective applications before the concerned District Collector, by giving all the details of the lands which was acquired for the aforementioned purpose, while also specifying the amount that they have already received.

10. The District Collector upon receipt of such applications shall undertake the exercise of re-assessment of the compensation amount to be received by each of the land owners for acquisition of their land by applying the provisions of the Act of 2013, inclusive of the solatium and interest and also interest on delayed payment entitled to each of the land owners. The Page No.# 9/9 amount already received by the petitioners as compensation shall be deducted from the assessment and compensation so made. Such an exercise shall be undertaken by the Collector as expeditiously as possible and at any rate, within the outer limit of three (3) months from the date of receipt of the application to be submitted by the petitioners.

11. The District Collector after preparing the assessment as per the Act of 2013 and after obtaining the approval from the competent authority, forward the same to the Union of India, Ministry of Defence for further necessary action. Thereafter, the reassessed compensation amount entitled to be paid to the petitioners shall be dispersed to the petitioners/ land owners within a period of an outer limit of 6 months.

12. With the above observations and directions, WP(C) No. 67/2025 & WP(C) No. 74/2025 stand disposed of. Comparing Assistant JUDGE