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2024 DAILYLAW 1845 (GAU)

Smt. L.H. Lallawmi and 21 Ors. v. The Union of India and 9 Ors.

WP(C)/64/2024 · 2026-03-16

Nelson Sailo

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC030004292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/64/2024 Smt. L.H. Lallawmi and 21 Ors. D/o L.H. Laltluanga R/o Electric Veng, District Lunglei, Mizoram, PIN - 796007 2: Sh. Kawlrothanga Colney 3: Sh. T. Lalthanzuala 4: Sh. H. Rokhuma 5: Sh. L.H. Liankamlova 6: Sh. H.P. Lalbiakthanga 7: Sh. R. Lalthangvunga 8: Sh. R. Lungmuana 9: Smt. Laldiki 10: Sh. Zodinsanga Ralte 11: Smt. F. Saichhingi 12: Sh. Rokima Page No.# 2/6 13: Sh. Lalawmpuia Chinzah 14: Sh. R. Lawmhmingthanga 15: Sh. L.H. Lalzidinga 16: Sh. C. Laldingliana 17: Sh. C. Laldinthara 18: Smt. Lalneihkimi 19: Smt. Lalduhawmi 20: Sh. R. Lalhmingmawizuala 21: Sh. F. Vanlaldika 22: Sh. Zoliansawt VERSUS The Union of India and 9 Ors. R/b the Defence Secretary to the Govt. of India, Ministry of Defence, Room No. 101- A, South Block, Central Secretariat, New Delhi - 110011 2:The State of Mizoram r/b the Chief Secretary to the Govt. of Mizoram 3:The Chief of Air Staff Indian Air Force 4:The Joint Secretary (G/Air) Ministry of Defence Govt. of India Page No.# 3/6 5:The Air Office Commanding-in-Chief Eastern Air Command Indian Air Force 6:The Commissioner and Secretary to the Govt. of Mizoram Land Revenue and Settlement Dept. 7:The District Collector and Deputy Commissioner Lunglei District 8:The District General Defence Estates Directorate General Defence Estates 9:The Defence Estates Officer Guwahati Circle Narengi Military Station 10:The Sub Unit Commander Sub Unit C 42 Wireless Experimental Unit Indian Air Forc Advocate for the Petitioner : Mr. P D Nair Advocate for the Respondent : Ms Zairemsangpuii, CGC for R1,3,4,5,8-10 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 17.03.2026 Heard Mr. P.D. Nair, learned counsel for the petitioners and Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General. 2. On 16.03.2026, Court passed the following order:- Page No.# 4/6 “Heard Mr. P.D. Nair, learned counsel for the petitioners, who submits that the land of the petitioners have been acquired for the purpose of setting up Air Force Wireless Experimental Unit at Pukpui, Lunglei District, Lunglei. He submits that, in view of the invocation of emergency clause under Section 40 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013), the District Collector had prepared an estimate wherein, the value of the land was taken as Rs. 394.50/- per sq.ft. However, when the Draft Award came to be prepared, the value of land was determined @ Rs. 236/- per sq.ft. instead. The learned counsel submits that as per the relevant provisions of the Act of 2013, the sale deeds of preceding three (3) years from the date of proposal for acquisition is required to be considered namely, the sale deeds of 2020, 2021 and 2022. Instead, what was considered was of the year 2021, 2022 and 2023 which admittedly has resulted in the change of the valuation. Be that as it may, the status of the Draft Award is not known as on today and therefore, the learned Addl. Advocate Genral, Mr. Samuel Vanlalhriata Chhangte who is handling the matter is required to inform the Court about the status of the Award. It is submitted by his colleagues that Page No.# 5/6 he is out of station and would be returning tomorrow to station. Under the circumstance, Ms. Lalnunhlui, learned Govt. Advocate shall obtain required information from the learned Addl. Advocate General and inform the Court about the status of the Draft Award tomorrow i.e., 17.03.2026. The learned Govt. Advocate shall also inform the Court as to whether the LARR authority has been constituted/appointed as stipulated under Section 51 of the Act of 2013 by the State Government. List accordingly.” 3. Today Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General submits that the Draft Award No. 1/2024 was approved by the State Government on 27.03.2024 and that the land has been handed over to the respondent Union of India on 19.04.2025 for whose benefit land was acquired. In as far as compliance of Section 51 of the Act of 2013, the learned Addl. Advocate General submits that a notification has been issued by the Government of Mizoram in the Land Revenue & Settlement Department on 19.02.2025 in exercise of the powers conferred under Section 51 read with Section 52 and Section 53 of the Act of 2013 by appointing the existing Courts of District & Sessions/Additional District & Sessions Judged as the Land Acquisition, Rehabilitation and Resettlement Authority and Presiding Officers within their jurisdiction for speedy disposal of disputes relating to Land Page No.# 6/6 Acquisition, Compensation, Rehabilitation and Resettlement for land acquired in the State under the Act of 2013 with immediate effect. 4. Ms. Zairemsangpuii, learned CGC appears for the respondent Union of India and submits that with the relief sought for by the petitioners, they are required to approach the competent forum under Section 64 of the Act of 2013. 5. Considering the above position and the grievance projected by the petitioners, the petitioners are required to avail the remedy available to them under Section 64 of the Act of 2013. 6. Mr. P.D. Nair, learned counsel for the petitioners submits that liberty may be granted to the petitioners to approach the competent authority. 7. In view of above, the writ petition stands disposed of with liberty to the petitioners to approach the authority constituted under Section 64 of the Act of 2013. 8. The notification dated 19.12.2025 produced by Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General is being retained in the record and marked as ‘X’ for identification. JUDGE Comparing Assistant