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2025 DAILYLAW 22996 (GAU)

Sh. F. Lalbuatsaiha and Anr. v. Union of India and 4 Ors.

WP(C)/116/2024 · 2025-05-25

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC030006802024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/116/2024 Sh. F. Lalbuatsaiha and Anr. S/o Thanglianchhunga (L) R/o Bethel Veng, Champhai. 2: Smt. C. Lalkhum VERSUS Union of India and 4 Ors. R/b the Secy. to the Ministry of Road Transport and Highways, Govt. of India, Transport Bhawan, 1, Parliament Street, New Delhi- 110001. 2:National Highways and Infrastructure Development Corporation Limited (NHIDCL) 3:The General Manager NHIDCL 4:The Competent Authority for Land Acquisition (CALA) Additional Deputy Commissioner 5:The Deputy Commissioner/ District Collector Champhai Distric Advocate for the Petitioner : Mr. TC Zothansanga Advocate for the Respondent : Ms Zairemsangpuii, CGC for R1 Page No.# 2/3 ORDER BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA 26.05.2025 Heard Mr. T.C. Zothansanga, learned counsel for the petitioners. Also heard Ms. Zairemsangpuii, learned CGC for the respondent No. 1, Mrs. Caroline K. Lungawipuii, learned Government Advocate for the respondent No. 5 and Mr. Samuel Vanlalhriata Chhangte, learned Standing Counsel, NHIDCL for the respondent Nos. 2 & 3. The petitioners’ counsel submits that the matter pertains to the petitioners not having been given compensation for construction of a road over the lands of the petitioners covered by LSC No. 3091/19/01/425 of 2007 and LSC No. CHP- 63 of 1994. The learned counsels for the parties submit that an agreement has been entered between the parties, in terms of the Meeting Minutes issued vide Memo No. B.19022/3/2023-DC(CPI)/264-264 dated Champhai 11.11.2024, which has been issued by the Addl. Deputy Commissioner & CALA, Champhai District. The contents of the Meeting Minutes dated 11.11.2024 mentioned above, which has been made a part of the record and marked as ‘X’ is reproduced herein below as follows:- "MINUTES OF THE MEETING IN CONNECTION WITH 3A NOTIFICATION OF MISSING PLOTS WITHIN PACKAGE 3 OF NH-06 UNDER CHAMPHAI DISTRICT Time & Date : 8.11.2024 (Friday) at 12:00 Noon Venue : ADC/CALA Office Chamber, Keifangtlang Chairman : Pu K. Zorammuana, Addl. DC & CALA, Champhai Member present : Appendix Page No.# 3/3 The Chairman welcomed the members present in the meeting and gave highlight of the agenda stating that letter has been received from General Manager (P), PMU-Seling, RO- Aizawl, NHIDCL requesting for documentary evidence i.e. videography & photographs of land, crops and assets before and after to be acquired under the missing plots and also request to submit Joint Measurement Survey (JMS) Report in respect of all the plots under consideration by CALA. After deliberate consideration, the meeting concluded as follows: 1. Since land owners of missing plots were not aware of intended construction of NH- 06 on their land, they have not taken any photo or video document beforehand. They came to know of construction works only after works have taken off. It was also reported that there was no demand of documentary evidence of assets and crops before and after in the previous surveys done. Assessment sheet prepared by LR&S Department duly countersigned by landowners will be furnished as documentary evidence in this regard. 2. Documentary evidence of land after construction works will be provided by Abhisek Singh, Site-Engineer, NHIDCL to CALA. 3. Joint Measurement Survey (JMS) Report will be prepared by CALA Office as per assessment done by Pu Lalrinzuala, Surveyor, LR&S Department, Champhai. 4. Abhisek Singh, Site-Engineer, NHIDCL stated that there are three landowners who have not sign the undertaking. After deliberation on the issue, the three landowners express their willingness to sign the undertaking. The Chairman ended the meeting with thanks from the chair. Sd/-K. ZORAMMUANA Addl. Deputy Commissioner & CALA Champhai District, Champhai" In view of the settlement of the parties, the writ petition is closed, as infructuous. However, the respondents shall ensure that the compensation to be paid to the petitioners is done at the earliest. JUDGE Comparing Assistant