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Judgment
NELSON SAILO
1.Heard Mr. T. Lalnunsiama, the learned counsel for the writ petitioners as well as Mr. Samuel Vanlalhriata Chhangte, the learned Government
Advocate who appears for the State respondents (respondent Nos. 3, 4 & 5). Also heard Ms. Zairemsangpuii, the learned CGC who appears for the
Union of India (respondent Nos. 1 & 2). Considering the issue raised in this writ petition, the case is taken up for disposal at the motion stage.
On 22.05.2018, this Court passed the following order:-
“Heard Mr. T. Lalnunsiama, the learned counsel for the petitioners.
The case of the writ petitioners is that they are the land holders under the pass, issued to them by the competent authority located at Khopai and Laki
Village in the District of Siaha. Due to the road construction from Siatlai-Zawngling-Khopai-Laki Village within Siaha District, their lands and crops
have been damaged and for which, no compensation has been paid to them.
The learned counsel, Mr. T. Lalnunsiama has drawn the attention of this Court to the Order dated 02.04.2018, passed by this Court in WP(C) No.
103/2017 (Annexure-4) and contends that the present petitioners are also identically situated.
It may be noticed that this Court had directed a verification of the lands of the petitioners therein, after constituting a verification team, so as to verify
the claim of the petitioners for the purpose of compensating them for the damage.
Since the order was passed on 02.04.2018, therefore without issuing any notice at this stage, the learned Government Advocate, Mr. Rosangzuala
Ralte as well as Ms. Zairemsangpuii, the learned CGC shall obtain instructions, as regard the present position regarding verification of land pursuant to
the order that was passed on 02.04.2018 by the next date.
Let the case be listed again on 24.05.2018 in the motion column.â€
Today, Mr. Samuel Vanlalhriata Chhangte, the learned Government Advocate on instructions submits that the Spot Verification Report which was
directed on 02.04.2018 in WP(C) No. 103/2017 has already been conducted on 4. 05.2018. In this connection, he has produced a communication dated
05.2018 written by the Sub-Deputy Commissioner, Siaha District, Siaha to the Deputy Commissioner, Siaha District, Siaha.
As was noticed on 22.05.2018, the present petitioners have similar and identical cause of action like the petitioners in WP(C) No. 50/2018. In order
to maintain uniformity with the direction of this Court, it would only be appropriate that a similar direction be passed to the respondent authorities for
conducting necessary verification to ascertain as to whether their respective lands were indeed damaged due to the road construction from Siatlai-
Zawngling-Khopai-Laki Village within Siaha District.
The operative portions of the Order dated 02.04.2018 in WP(C) No. 103/2017 may be abstracted below:-
“9. Upon considering the case projected by the petitioners and the claim made in the writ petition, I am of the view that a spot verification is
warranted to ascertain as to whether damages were caused to the land, crops and properties of the petitioners on account of the construction of the
Saitlai-Zawngling-Khopai-Laki Village roads. Accordingly, a verification team comprising of the following Officials/members are hereby constituted.
The verification team shall include:-
(1) The Deputy Commissioner-cum-District Collector, Siaha District, Siaha.
(2) The Senior Revenue Officer, Mara Autonomous District Council.
(3) The Chief Engineer, Border Road Task Force (BRTF) Project Pushpak, GREF, C/o 99 APO and
(4) The petitioners or their representatives.
The Deputy Commissioner-cum-District Collector, Siaha District, Siaha within two weeks from the date of receipt of a certified copy of this order
shall convene the spot verification by fixing a convenient date with advance intimation to all the concerned parties. On such verification, if it is found
that the construction of road Saitlai-Zawngling-Khopai-Laki Village has caused damage to the land and crops of the petitioners, the Deputy
Commissioner-cum-District Collector shall make an assessment within a period of one month from the date of the spot verification. Thereafter, he
shall forward the assessment to the respondent Nos. 1 and 2, who in turn shall make necessary arrangements for the fund for payment to the
petitioners within a period of four months from the date of receipt of the assessment. Since the Land Acquisition Act of 1894 has been repealed by
the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 and also in view of the fact that no
acquisition was made under the repealed Act, the Deputy Commissioner-cum-District Collector, Siaha District, Siaha shall make the assessment as
directed under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013. It is
needless to mention herein that if any amount has been paid to the petitioners prior to the spot verification, the same shall be deducted from the
assessment to be made by the Deputy Commissioner-cum-District Collector, Siaha.â€
The writ petition is thus disposed of in similar terms with the order passed on 02.04.2018 in WP(C) No. 103/2017 as abstracted above. The
respondents shall do the needful expeditiously as directed. No cost.