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2025 DAILYLAW 22964 (GAU)

The Union of India and 2 Ors. v. Sh. Lalruata Ralte and 4 Ors.

I.A.(Civil)/134/2023 · 2025-01-20

Marli Vankung

body2025

Judgment text

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Page No.# 1/4 GAHC030005912023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/41/2023 The Union of India and 2 Ors. Represented by the Secretary to the Government of India Ministry of Railways Rail Bhawan, Rafi Marg New Delhi - 110001 2: The General Manager North East Frontier Railways Maligaon 3: The Deputy Chief Engineer North East Frontier Railways C/o Thankima Building Near Brigade Field Bawngkawn Aizaw VERSUS Sh. Lalruata Ralte and 4 Ors. S/o Manheia (L) R/o ITI Veng, Aizawl, Mizoram 2:Smt. Lalramhlupuii D/o Ngaihzuala (L) R/o ITI Veng Aizawl 3:The State of Mizoram Represented by the Secretary to the Govt. of Mizoram Land Revenue and Settlement Department Aizawl 4:The Director Land Revenue and Settlement Department Govt. of Mizoram Aizawl Page No.# 2/4 5:The District Collector Kolasib District Kolasi Advocate for the Petitioner : Mr. Sanjay Kumar Medhi Advocate for the Respondent : Addl. AG/GA, Mizoram for R3 - R5 Linked Case : I.A.(Civil)/134/2023 The Union of India and 2 Ors. Represented by the Secretary to the Government of India Ministry of Railways Rail Bhawan Rafi Marg New Delhi - 110001 2: The General Manager North East Frontier Railways Maligaon 3: The Deputy Chief Engineer North East Frontier Railways C/o Thankima Building Near Brigade Field Bawngkawn Aizawl VERSUS Sh. Lalruata Ralte and 4 Ors. S/o Manheia (L) R/o ITI Veng Aizawl Mizoram 2:Smt. Lalramhlupuii D/o Ngaihzuala (L) R/o ITI Veng Aizawl 3:The State of Mizoram Represented by the Secretary to the Govt. of Mizoram Page No.# 3/4 Land Revenue and Settlement Department Aizawl 4:The Director Land Revenue and Settlement Department Govt. of Mizoram Aizawl 5:The District Collector Kolasib District Kolasib Advocate for the Petitioner : Mr. Sanjay Kumar Medhi Advocate for the Respondent : Addl. AG/GA Mizoram for R3 - R5 B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 24.02.2025 On the disposal of the connected I.A. No. 134/2023 on 21.01.2025, wherein the condonation application was allowed. Heard Mr. Sanjay Kumar Medhi, learned counsel for the appellant. The instant appeal is filed against the Judgment & Order dated 08.04.2022 passed by the learned Senior Civil Judge, Kolasib District, in Damage Suit No. 1/2018. The learned counsel submits that the impugned Judgment & Order is liable to be set aside, since the learned Trial Court had allowed solatium and interest u/s 23(1-A) & 23(2) of the Land Acquisition Act, 1894 which is not applicable in the case of Crop Damages Compensation. Appeal is admitted. Page No.# 4/4 Issue notice, Mr. F. Lalengliana, learned counsel accepts notice on behalf of respondent Nos. 1 & 2, while Ms. Vanneihsiami, learned Govt. Advocate accepts notice on behalf of respondent Nos. 3 to 5. No need to issue to formal notice. Requisite copy of the appellant to be duly furnished to the learned counsel if not already done. List the matter on 24.03.2025. Meanwhile LCR is to be called. JUDGE Comparing Assistant