Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC030004612025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/88/2025 Sh. Lalawmpuia S/o Rokhuma R/o Mualkhang Kolasib District, Mizoram
VERSUS The State of Mizoram and 3 Ors. R/b the Secretary to the Govt. of Mizoram, Land Revenue and Settlement Department, Aizawl, Mizoram 2:The Director Land Revenue and Settlement Department
3:The District Collector/Deputy Commissioner
4:The Northeast Frontier Railway r/b the Deputy Chief Engineer (Construction Advocate for the Petitioner : Mr. Saihmingthanga Sailo Advocate for the Respondent : Addl. AG/GA, Mizoram for R 1-3
Page No.# 2/4 B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER
12.01.2026
Heard Mr. Saihmingthanga Sailo, learned counsel for the petitioner along with Ms. Vanneihsiami, learned Govt. Advocate for the State respondent Nos. 1 & 2 and for respondent No. 3 and Ms. Zairemsangpuii, learned CGC for the respondent No. 4. The case of the petitioner is that the petitioner is the owner of the landed property covered under Periodic Patta No. 502008/10/1291 of 2010, having 3.00 (Hac) located at Mualkhang, Kolasib District, Mizoram. The landed property of the petitioner was said to be encroached upon and occupied by respondent No. 4 in connection with the construction of Railway line and Railway Station without being paid any compensation for the damages caused to the landed property of the petitioner nor for the occupation of the landed property of the petitioner. Mr. Saihmingthanga Sailo, learned counsel for the petitioner submitted that the Co-ordinate Bench of this court in a similar manner, in WP(C) No. 148/2019, dated 10.03.2020 had passed an order directing the concerned respondents to verify whether the landed property of the petitioner was damaged or occupied
Page No.# 3/4 by constituting a Verification Team and the team was to verify whether the petitioner was entitled to get the compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re- settlement Act, 2013. The learned counsel submitted that a similar order may be passed in the instant case. Ms. Vanneihsiami learned Govt. Advocate and Ms. Zairemsangpuii, learned counsel for the respondents submit that they have no objection to the prayer made and that similar order may be passed by this court as passed by the Co- ordinate Bench of this court in WP(C) No. 148 of 2019, dated 10.03.2020.
In view of the above submissions, this court finds it appropriate to pass a similar order as passed in WP(C) No. 148 of 2019, dated 10.03.2020, by directing that a Verification Team should be constituted by the Secretary to the Govt. of Mizoram, Land Revenue & Settlement Department consisting of the District Collector – cum- Deputy Commissioner or his representatives, the Deputy Chief Engineer (Construction), NF Railway, Silchar, Cachar, Assam or his representative and the petitioner, who shall verify the land of the petitioner within a period of 1 month from the date of receipt of the Certified true copy of this order. The above Verification Team shall verify whether the land of the petitioner
Page No.# 4/4 have been used by the respondent No. 4, and if so, the respondent No. 4 shall immediately take the decision within two weeks from the date of site verification, as to whether they want to permanently acquired the land. If the answer is in the affirmative, they shall make the requisition to the concern authorities for acquisition of the land and thereafter, award shall be made as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 within a period of three months. In the event the respondent No. 4 is not inclined to acquire the land the respondent No. 4 shall vacate the petitioner’s land immediately. Thereafter, verification and assessment of damage cause to the petitioner’s land is to be made by the concerned authorities and to be paid to the petitioners within a further period of two months from the date of assessment made by the concerned Deputy Collector-cum-Deputy Commissioner. Accordingly, Writ Petition No. 88/2025 stands disposed of as above. JUDGE Comparing Assistant