Page No.# 1/7 GAHC030001652025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/28/2025 Sh. Khawllianthanga and 9 Ors. R/o. Maisa, Siaha District, Siaha 2: LC. Kholal Maisa Siaha District Siaha 3: K. Vabeirona Maisa Siaha District Siaha 4: B. Beizo Maisa Siaha District Siaha 5: C. Rona Maisa Siaha District Siaha 6: Vamo Maisa Siaha District Siaha 7: HC. Chulai Maisa Siaha District Siaha 8: Esaba Page No.# 2/7 R/o. Maisa Siaha District Siaha 9: Hiany R/o. Maisa Siaha District Siaha 10: T. Marson R/o. Maisa Siaha District Siah VERSUS Union of India and 5 Ors. New Delhi 2:Chief Engineer BRTF Project Pushpak GREF C/o 99 APO 3:Secretary to the Govt. of Mizoram Land Revenue and Settlement Deptt. Aizawl 4:Dy. Commissioner/District Collector Siaha District Mizoram 5:MADC R/b.Executive Secretary Siaha 6:Senior Revenue Officer Land Revenue and Settlement Deptt. MADC Siah Advocate for the Petitioner : Ms Dinari T Azyu Advocate for the Respondent : Ms Zairemsangpuii, CGC, for R1 & R2 B E F O R E HON’BLE MR. JUSTICE NELSON SAILO ORDER Page No.# 3/7 23.04.2025 Heard Mr. Victor L Ralte, learned counsel for the petitioners, Ms. Lalnunhlui, learned Government Advocate for respondent Nos. 3 & 4, Ms. Baby Laldinzuali, learned counsel for respondent Nos. 1 & 2 and Ms. Lalrinthari, learned counsel for respondent Nos. 5 & 6. Ms. Baby Laldinzuali, learned counsel submits that she may be given further 3 (three) weeks’ time to obtain instructions in the matter and to file counter affidavit. Ms. Lalrinthari, learned counsel submits that she will be filing her power to appear on behalf of respondent Nos. 5 & 6 during the course of the day. Ms. Lalnunhlui, learned Government Advocate also seeks further 3 (three) weeks’ time to obtain instructions in the matter. [2.] Brief facts of the case is that the petitioners have their respective lands between Laty Village and Maisa Village within Siaha District and the respondent authority concerned had issued a preliminary notification under Section 11(1) of the Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016 dated 17.05.2017 in respect of the stretch of land from Kaochao-Phura-Tokalo 30-45 kms for construction of road by the BRTF under the Ministry of Defence, Govt. of India for maintenance of National Security along Indo-Myanmar international border. However, due to certain developments, another notification was again issued under Section 11(1) of the Right to Fair Compensation and Page No.# 4/7 Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013 (Act of 2013) on 13.08.2018. Accordingly, Award No. 4/2024 was pronounced and the respondent authority, upon receiving sanction of the awarded amount, disbursed the compensation amount to the petitioners. However, 10% cess from the total amount of compensation was deducted from the compensation to be received by the land owners. Further, interest under Section 30(3) of the Act of 2013 was calculated only w.e.f., 13.08.2018 and not from 17.05.2017. The petitioners being aggrieved have filed the instant writ petition. On 21.03.2025, Court passed the following orders:- “Heard Ms. Dinari T. Azyu, learned counsel for the petitioners, who submits that by filing this writ petition the petitioners seek for a direction to the respondent authorities concerned to refund 10% of the awarded compensation deducted by them towards cess. She submits that the petitioners also seek for a direction to the respondents for assessing interest payable from the date of possession i.e., 17.05.2017, on which date, preliminary notification under Section 11 of the Mizoram (Land Acquisition, Rehabilitation & Re-settlement) Act, 2016 (Act of 2016) was issued. She submits that the respondent authority has calculated interest only with effect from 13.08.2018 which was the date on which a notification under Section 11(1) was again issued under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013). The learned counsel submits that the case of the petitioners is squarely Page No.# 5/7 covered by the Judgment & Order rendered by this Court on 21.11.2024 in WP(C) No. 103/2023 and the Order dated 31.01.2025 passed in WP(C) No. 138/2024. The learned counsel submits that in fact the Judgment & Order 21.11.2024 has been complied with by the respondent authorities by refunding the cess amount to the concerned petitioners. She also submits that the interest has also been calculated by the District Collector and the assessed amount has also been forwarded to the BRTF authorities for payment. She thus submits that a similar direction be passed in the instant case. It is submitted at the bar that Writ Appeal No. 2/2025 has been preferred by the Mara Autonomous District Council (MADC) against the Judgment & Order dated 21.11.2024 passed in WP(C) No. 103/2023. Ms. Dinari T. Azyu, learned counsel however submits that the judgment impugned has not been stayed and therefore there is no impediment in passing a similar direction in the instant case. In view of above, issue notice of motion returnable by three (3) weeks. Ms. Zairemsangpuii, learned CGC accepts notice on behalf of the respondent Nos. 1 & 2 while Ms. Lalnunhlui, learned Govt. Advocate accepts notice on behalf of the respondent Nos. 3 & 4. Petitioner to take steps for service of notice upon the respondent Nos. 5 & 6 by registered post with A/D due. Additionally, the petitioner is permitted to serve notice upon the respondent Nos. 5 & 6 by way of Dasti through the Registry of this Court within ten (10) days. Affidavit shall be filed thereafter as proof of service. List the matter again on 23.04.2025.” [3.] Mr. Victor L Ralte, learned counsel submits that the case of the petitioners Page No.# 6/7 is squarely covered by the Order of this Court dated 31.01.2025 passed in WP(C) No. 138/2024 and that the matter relates to the same Award i.e., Award No. 4/2021. He further submits that no appeal has been filed against the Order dated 31.01.2025 passed in WP(C) No. 138/2024. However, in respect of WP(C) No. 103/2023, an appeal has been preferred by the Mara Autonomous District Council, but there is no stay of the impugned judgment & order. He also submits that in fact, the amount of cess deducted from the petitioners therein has already been refunded to them and the District Collector has also made the assessment of interest payable to the petitioners and forwarded the same to the respondent Union of India for sanction. In this connection, he has drawn the attention of this Court to Annexure - 8 & 9 of the writ petition. [4.] Upon hearing the parties, this Court is of the view that the present case is squarely covered by the decision rendered by a Co-ordinate Bench of this Court in WP(C) No. 138/2024 vide Order dated 31.01.2025 which, again had relied upon the earlier decision of this Court rendered in WP(C) No. 103/2023 vide Judgment & Order dated 21.11.2024. [5.] In the result, the respondent authorities are directed to refund the cess amount deducted from the compensation to be received by the petitioners, within a period of 2 (two) months from the date of receipt of a certified copy of Page No.# 7/7 this order. The District Collector is also directed to determine the date of taking over the possession of the land of the petitioners by giving due opportunity of hearing to the petitioners as well as the BRTF authorities, within a period of 2 (two) months from the date of receipt of the certified copy of this order. Upon such determination, the Collector shall make the assessment of interest payable to the petitioners and forward the same to the respondent Union of India i.e., respondent Nos. 1 & 2, who shall upon receipt of the same within a period of 2 (two) months’ deposit the amount so assessed before the Collector for disbursement to the land owners. [6.] With the observations and directions, the Writ Petition stands disposed of. JUDGE Comparing Assistant