Page No.# 1/8 GAHC030002062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/20/2024 Sh. Ralzidinga Ralte S/o Thlengliana R/o Luangmaual, Aizawl, Mizoram VERSUS The State of Mizoram r/b the Chief Secretary to the Govt. of Mizoram and 4 Ors. Aizawl, Mizoram-796001 2:The Secretary to the Govt. of Mizoram Environment Forest and Climate Change Dept. 3:The Principal Chief Conservator of Forest Environment Forest and Climate Change Dept. 4:The Conservator of Forest (Wildlife) Environment Forest and Climate Change Dept Govt. of Mizoram 5:The Deputy Commissioner/District Collector Mamit Distric Advocate for the Petitioner : Mr C Zoramchhana Advocate for the Respondent : Addl. AG/GA, Mizoram Page No.# 2/8 – B E F O R E – HON’BLE MR. JUSTICE SOUMITRA SAIKIA O R D E R 24.08. 2026 Heard Mr. C. Zoramchhana, learned counsel for the petitioner. Also heard Ms. Lalnumhlui, learned Government Advocate for the Respondents. 2. The claim of the writ petitioner before this Court is that the land allotted to him by Certificate of Land Settlement No. 400301/10/90 of 2013 issued by the Assistant Settlement Officer, Land Revenue & Settlement under the District of Mamit, Mizoram, was acquired to be a part of the Dampa Tiger Reserve. It is submitted that the petitioner, being a government servant at the relevant point in time, was posted elsewhere and, therefore, could not respond in time to the notification issued to submit their claims and objections. Subsequently, upon superannuation, when the petitioner wanted to have access to the land allotted him covered by Certificate of Land Settlement dated 12.03.2013, he was informed that he cannot have access to the said land, as the said land is now a part of the Dampa Tiger Reserve in the District of Mamit. 3. It is submitted by the learned counsel for the petitioner that, the procedure prescribed under the Wildlife Protection Act, 1972, upon the acquisition of land by the Forest Department, adequate compensation is required to be paid by the concerned District Collector. Referring to the extract of the cadastral map which is available in the pleadings, the learned counsel submits that the boundary of Page No.# 3/8 the Dampa Tiger Reserve was extended up to the Bunghmun and Serhmun areas, within which area the land of the writ petitioner falls. The land in question measures 1.98 hectares and is cultivable land. It is further submitted that the notification dated 6th of September, 2018 clearly demarcates the newly acquired land for the Dampa Tiger Reserve. Insofar as the boundary for the North is concern, it is submitted that the boundary description to the North, the Serhmun and the Bunghmun PWD Road is mentioned. The learned counsel for the petitioner therefore, submits that the said road is also shown in the cadastral map, thereby indicating the boundary of the land allotted to him. Under such circumstances, the claim before the Court is for payment of adequate compensation for acquisition of the land allotted to him. 4. The respondents have filed their affidavit contesting the claim of the writ petitioner. It is submitted that the writ petitioner has raised his claim after a period of about 6 (six) years and, therefore, at the relevant point in time, when the notification was published, a proper claims ought to have been made, but the petitioner did not raise any claims and, therefore at this belated stage, the claim made by the writ petitioner for compensation ought not to be allowed. 5. Be that as it may, this Court after issuance of notice, by order dated 27.03.2025, the Court directed the Deputy Commissioner, Mamit to constitute a joint verification team and to ascertain the exact location of the land in question and submit a report to the High Court. In deference to the said order, the Deputy Commissioner, Mamit constituted a joint verification team, comprising of Deputy Commissioner, Mamit; the Sub-Divisional Officer (Civil), Kawrthah Sub- Division; Divisional Forest Officer, Mamit Forest Division; the Field Director, Page No.# 4/8 Damper Tiger Reserve; and the Settlement Officer, Land Revenue & Settlement Office or his representative. Thereafter on 3rd of July, 2025 a joint verification was duly conducted to ascertain the land for the area falling under the LSC claimed to have been issued to the writ petitioner, being LSC No. 400301/10/90 of 2013 at Sehrmun. A copy of the said verification report along with the order passed for constitution of the joint verification team is brought on record by filing the additional affidavit by the Respondent Department. 6. The petitioner also filed rejoinder affidavit to the affidavit filed by the Respondent reiterating his claims made in the writ petition. 7. The learned counsel for the parties have been heard, pleadings available on record have been perused. 8. At this stage it is necessary to extract the joint verification report dated 3rd of July, 2025, which is brought on record by way of additional affidavit filed by the Respondents. The said verification report is extracted below: “Joint Verification Report Serhmun, the 3rd of July 2025 In compliance with the direction issued by the Office of the Deputy Commissioner, Mamit District, vide Letter No. B.11012/19/2024-DC(M) dt 27th of June 2025, a Joint Site Verification was conducted on the 3rd of July 2025 (Thursday) to ascertain the present status and physical Page No.# 5/8 condition of the land covered by Land Settlement Certificate (LSC) No. 400301/10/90 of 2013, dated 12.03.2013, located at Serhmun and recorded in the name of Pu Ralzidinga Ralte, in connection with WP(C) No. 20 of 2024. The findings of the verification team are as follows: 1. Location within Protected Area: The land in question, as per the LSC referenced above, is situated within the core zone of Dampa Tiger Reserve. This is substantiated by the enclosed geospatial map, which overlays the boundaries of the LSC with the notified boundary of the Reserve. 2. Current Physical Status of the Land: During the site inspection, the land was found to be covered predominantly with naturally occurring vegetation, including a few trees of miscellaneous species, shrubs, herbs, and invasive weeds. There were no visible indications of recent human activity or maintenance such as land clearing, cultivation, fencing, or construction. Enclosure: Map indicating the location of the land within the core area of Dampa Tiger Reserve (authenticated overlay)” 9. A careful perusal of the said joint verification report reveals that, the land in question in respect of the LSC under reference was found to be situated within the core of Dampa Tiger Reserve. The current physical status of the land according to the joint verification team indicates that there is no recent human activity or maintenance and the said portion of the land is covered by trees, shrubs, herbs and invasive weeds etc. 10. Having perused the Joint Verification Report, it is clear that the land of the Page No.# 6/8 petitioner covered by LSC No. 400301/10/90 of 2013 is found to be within the core zone of the Dampa Tiger Reserve. The additional affidavit of Joint Verification Report clearly indicates that the land covered by the LSC No. 400301/10/90 of 2013 is included in the Dampa Tiger Reserve and there is also no dispute that the area notified by the notification dated 6th of September 2018 was a notification issued to extend the boundary of the Dampa Tiger Reserve. The preliminary notification issued by the State dated 24th July, 2017 which was published in the Mizoram Gazette on 27.07.2017, expresses the intention of the Government to extend the existing core area of the Dampa Tiger Reserve by inclusion of the contagious entire areas of the Serhmun Village Council land which is specified in the schedule. Following this notification, there was a Notice of Public Hearing which was issued on 22nd December, 2017. Finally under Section 26(A)(1) of the Wildlife Protection Act, 1972, the areas mentioned in the schedule were declared to be part of the Dampa Tiger Reserve by revising the core area of the Dampa Tiger Reserve was notified on 6th September, 2018. 11. In the affidavit which was filed by the State and also by the Additional Affidavit, except for disputing the correctness of the LSC which was issued to the petitioner, no material is available before the Court to suggest that the LSC No. 400301/10/90 of 2013 dated 12.03.2013 was not issued to the writ petitioner by the competent authority or that there is no record of issuance of any such LSC to the respondent available in the records of the Revenue Department. 12. Therefore it appears to the Court that the land covered by LSC No. Page No.# 7/8 400301/10/90 of 2013 dated 12.03.2013 with an area of 1.98 hectares which has been allotted to the writ petitioner is indeed included in the revised core area of the Dampa Tiger Reserve. While it may be say that the writ petitioner did not or could not approach the authorities concerned for claiming adequate of compensation, however where the joint verification report dated 3rd July, 2025 reveals that the land is covered by the LSC No. 400301/10/90 of 2013 dated 12.03.2013 allotted to the writ petitioner was indeed taken over by the Forest Department and is now part of the revised and extended area of Dampa Tiger Reserve, then the Respondent Authorities must determine from the records as to whether compensation was not allotted to the writ petitioner or any other person duly represented the writ petitioner. If no compensation had been paid as would be revealed from the records of the DC, Mamit with regard to the acquisition of land belonging to the Serhmun Village Council, then a detailed enquiry is required to be made with regard to the claim of the writ petitioner and if it is found that the land covered by LSC No. 400301/10/90 of 2013 is the land belonging to the petitioner which has been taken over as a part of the extended Dampa Tiger Reserve, then the necessary steps will be undertaken by the Deputy Commissioner for consideration of the claim for compensation and if they are found to be genuine after due verification, then necessary proposals will have to be issued for release of the amount of compensation payable in terms of the Government notifications. 13. While examining the claim of the writ petitioner by the DC, an opportunity of personal hearing will also be granted by issuing of notice to the writ petitioner. Page No.# 8/8 14. Let this exercise shall be undertaken by the DC and completed within a period of 90 days from the date of receipt of certified copy of this order. 15. Accordingly, this writ petition stands disposed in terms of the above. 16. Interim order(s), if any, stands merged. 17. Pending I.A(s), if any, are also dismissed. JUDGE Comparing Assistant