Page No.# 1/5 GAHC030003002024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/40/2024 Sh. Cherlian and 7 Ors. S/o Kapchung R/o Sangau-I, Lawngtlai District, Lawngtlai, Mizoram 2: Sh. C Lalvuana (L) 3: Sh. V Thathnun (L) 4: Sh. V Biakliana 5: Isua Krista Kohhran 6: Sh. B Zahupa (L) 7: Sh. Tumtlung 8: Sh. Kapchin VERSUS Union of India and 10 Ors. R/b the Secretary to the Govt. of India, Ministry of Road Transport and Highways, New Delhi - 110001 2:The Secretary (RTandH) Ministry of Road Transport and Highways 3:The Director General Border Road (DGBR) Ministry of Road Transport and Highways Page No.# 2/5 4:The Superintending Engineer (Civil) Regional Office Guwahati 5:The Secretary Ministry of Defence Govt. of India 6:The Officer Commanding 71 Road Construction Coy (GREF) 7:The Govt. of Mizoram R/b the Chief Secretary to the Govt. of Mizoram 8:The Deputy Commissioner 9:The Lai Autonomous District Council 10:The Executive Member i/c Revenue Lai Autonomous District Council 11:The Senior Revenue Officer Lai Autonomous District Counci Advocate for the Petitioner : Mr. Saihmingthanga Sailo Advocate for the Respondent : Mr. Lalpianfela Chawngthu for R9-11 JUDGMENT / ORDER Date : 26-08-2025 BEFORE HONORABLE MRS. JUSTICE YARENJUNGLA LONGKUMER Heard Mr. Saihmingthanga Sailo, learned counsel for the petitioner as well as Ms. Linda Fambawl, learned Addl. AG for the State respondents and Ms. Zairemsangpuii, learned CGSC. Page No.# 3/5 2. The present writ petition has been filed by the petitioners seeking for a direction to the respondents to notify the payable amount of compensation and release the same towards requisition of their land for construction of road along Thingsai-Bualpui-Saisih-Pangkhua-Sangau with a length of 56 Km in the year 2009 by the respondents. 3. It is contended by the petitioners that in the year 2015, they have preferred a writ petition No.W.P.(C) 56/2015 before this Court and the same was disposed of by order dated 2.12.2015. By the said order dated 2.12.2015, this Court had directed the respondents to examine whether the petitioners land passes have been issued prior to the construction of the road in 2009 and also to examine whether, the land owner are entitled to the right of use of their land. The direction has been given to the Deputy Commissioner, Lawngtlai to verify the same and if the petitioners’ passes are found to be valid and that they are entitled to compensation due to construction of road over their lands, the respondents were directed to acquire the land of the petitioners and pay compensation as per law applicable. It was also directed that the entire exercise should be carried out within a period of 6(six) months from the date of receipt of copy of the order. 4. The learned counsel for the petitioners submits that despite these findings and despite a joint spot verification which was conducted on 03.08.2016 assessing the damage caused to the petitioners’ properties, no compensation has been paid to the petitioners for over a decade and half. It is stated that the petitioners have submitted several representations to the respondents in respect of payment of compensation and for compliance with the order dated 2.12.2015 passed in W.P.(C) 56/2015. However, no action Page No.# 4/5 has been taken by the respondents till date. Being aggrieved, the petitioners have approached this Court. 5. The learned Addl. A.G. Ms. Linda Fawmbal has submitted on the basis of affidavit-in-opposition filed by the State respondents that the spot verification has been conducted on 03.08.2016 and the verification report has been annexed in the affidavit-in-opposition. According to the spot verification report, only 8 persons from amongst the petitioners have been found to be eligible and entitled for compensation. However, the learned Addl. AG has stated that the respondent No.6 herein which is 71 Road Construction Coy (GREF), C/o 99 APO has not been made a party in W.P.(C) 56/2015 and therefore, during the spot verification they were not present. Accordingly, she has prayed that a fresh verification may be directed in the present case. 6. The learned C.G.C. Ms. Zairemsangpuii has also made similar submissions and has stated that 71 Road Construction Coy (GREF), C/o 99 APO was not a party in W.P.(C) 56/2015 and as the petition was disposed of at the motion stage, they were also not aware of the disposal of W.P.(C) 56/2015. Moreover, the 71 Road Construction Coy (GREF), C/o 99 APO which is present in the State of Mizoram was not a party in the joint verification which was conducted on 03.08.2016. 7. Considering the facts and circumstances, and the fact that the 71 Road Construction Coy (GREF), C/o 99 APO was never made a party in W.P. (C) 56/2015, which is also not disputed by the learned counsel for the petitioners, the present writ petition is disposed of with a direction to the respondent No.8, the Deputy Commissioner, Lawngtlai district, Mizoram to have a fresh spot verification in the presence of all the parties and to arrive Page No.# 5/5 at a decision as to whether petitioners are entitled to payment of compensation for acquisition due to road construction over their land and thereafter submit the report to the authority who shall make the payment of compensation and release the same to the petitioners who are entitled. The entire exercise shall be carried out within a period of 6(six) months from the date of this order. 8. The writ petition is disposed of in terms of the above directions. 9. A copy of this order may be supplied to the learned Addl. A.G and C.G.C. JUDGE Comparing Assistant