Page No.# 1/4 GAHC030006892025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/125/2025 Sapliana and 44 Ors. S/o Thangkiphleia R/o Tuichawnglui VERSUS State of Mizoram and 7 Ors. R/b the Chief Secy. to the Govt. of Mizoram. Advocate for the Petitioner : Mrs. H Lalmalsawmi Advocate for the Respondent : Addl. AG/GA, Mizoram for R1-3 BEFORE HONORABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 21/10/2025 The present petition under Article 226 of the Constitution of India has been filed by the petitioners praying for appropriate direction to the respondents for reassessment of the acquisition of their land in favor of the present petitioners under the Land Acquisition Act, 2013 in light of the notification dated 07.08.2020 made by the Secretary to the Government of Mizoram Land Revenue and Settlement Department. Page No.# 2/4 2. Heard learned counsel for the petitioner, Ms. H. Lalmalsawmi. Also heard learned counsel Mrs. Mary L. Khiangte for the State respondents and Ms. Zairemsangpuii, learned CGSC for the respondent Nos. 4,6,7 and 8. 3. The case of the petitioners is that they are Bonafide land owners within the area of Lawngtlai District of Mizoram. The respondent No. 2 by a preliminary notification memo bearing No. K. 12011/16/2017- REV dated 5th Nov., 2019 notified under Section 11(1) of the Mizoram Land Acquisition, Re-settlement and Rehabilitation Act of 2016 notifying that the land specified in the schedule was likely to be needed for the purpose of construction of bridges and approach roads and in paragraph 8 of the said notification dated 5th Nov, 2019 it was provided that the notification will not stand in the way of the petitioners or cause any prejudice to them to make further claim under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (read herein referred to as the Act of 2013). Thereafter, the awarded compensation amount was duly deposited to the petitioners. 4. A coordinate bench of this Court in WP(C)/20/2014 by Judgment and Order dated 15.11.2017 had held that the Act of 2016 was not applicable in the State of Mizoram and that the Act of 2013 would be applicable. Being aggrieved the State respondents had approached the Division Bench of this Court by filing writ appeal No. 70/2018 and writ appeal No. 71/2018. The Division Bench of this Court vide Judgment and Order dated 30th October, 2024 was pleased to dismiss the said appeals and observed that the Mizoram Land Acquisition Act is less beneficial to the citizens of the State of Mizoram and therefore, is not in conformity with the provisions of section 107 of the Act of 2013, thereby Page No.# 3/4 confirming the Judgment and Order of the learned Single Judge. 5. The learned counsel for the petitioner has also taken this Court to a letter written by Land Revenue Department to the District Collector, Lawngtlai District, Mizoram dated 28.04.2025. It is stated in the said letter dated 28th April, 2025 that the Draft Award No. 1 of 2020 was already settled under the 2016 Act and there is no direction of the Court or Judgment received to re-assess the compensation till date. And it was also stated no further action is necessary unless and until the State government is directed to re-assess the same by an order of the court. Learned counsel has also annexed a copy of the Judgment of this Court passed in WP(C)/26/2023 and other connected writ petitions wherein the coordinate bench of this by order dated 21.11.2024 had allowed the petition on similar grounds as the writ appeal preferred by the State respondent had already been dismissed by the Division Bench. 6. At this juncture, the learned Government Advcoate, Mrs. Mary L. Khiangte and learned CGSC, Ms. Ms. Zairemsangpuii have also consented to the disposal of the present writ petition by passing similar order as the Judgment and Order of the Division Bench passed in WP(C)/70/2018 and WP(C)/71/2018 have not been disputed by any of the parties. 7. Accordingly, upon perusal of the materials and records the writ petition is disposed of at the motion stage with the following direction: (i) The writ petitioners shall submit their application before the District Collector, Lawngtlai District, Mizoram giving details about their land which was acquired for the aforementioned projects and also specify the amount which Page No.# 4/4 they have already received. (ii) The District Collector upon receipt of such applications shall under take the exercise of re-assessment of the compensation amount to be received by each of the petitioners by applying the provisions of the Act of 2013, inclusive of the solatium and interest and also interest on delayed payment entitled to each of the land owners. The amount already received by the petitioner as compensation shall be deducted from the assessment. Such an exercise shall be under taken by the collector within 3(three) months from the date of receipt of the application from the petitioners. (iii) The collector shall prepare the assessment as per the act of 2013 and thereafter obtain the approval of the competent authority in the State Government and thereafter forward the same to the respondent Nos. 4,6 and 8 who upon receipt of the assessment made by the district collector shall make necessary sanction and deposit the same before the District Collector within 4(four) months from the date of receipt of the assessment. The amount shall then be disbursed to the petitioners as per the entitlements without delay. With this direction, the writ petition is disposed of. No orders as to cost. JUDGE Comparing Assistant