Page No.# 1/4 GAHC030001362026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/22/2026 Smt. Lalthanpuii S/o Siamhleia (L) R/o Luangmual Vengthlang VERSUS The State of Mizoram r/b the Secy. to the Govt. of Mizoram and 4 Ors. Land Revenue and Settlement Dept., Govt. of Mizoram, Aizawl 2:The Director Land Revenue and Settlement Dept. Govt. of Mizoram 3:The Settlement Officer Land Revenue and Settlement Dept. Govt. of Mizoram 4:The Aizawl Municipal Corporation r/b the Municipal Commissioner The Aizawl Municipal Corporation 5:Jackson Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : Addl. AG/GA, Mizoram for R1-3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG JUDGMENT / ORDER Date : 11.03.2026 Heard Mr. Joseph Lalchhanhima Renthlei, learned counsel for the petitioner. Also heard Ms. Linda L. Fambawl, learned Additional Advocate General, Mizoram, appearing on behalf of respondent Nos. 1, 2 & 3; and Mr. Zoramchhana, learned counsel, appearing on behalf of respondent No. 4. Page No.# 2/4 2. The case of the petitioner is that she is the owner of the land situated at Luangmual, Aizawl, re-demarcated in 2024 into plots covered by LSC Nos. 278 and 280 of 2024. The respondent No. 5 despite having access through an existing flight of steps, illegally constructed a flyover like structure, thereby, obstructing her access. In this regard, she lodged a complaint against the respondent No. 5 before the Aizawl Municipal Corporation(AMC) on 17.01.2025. Upon receipt of the said complaint, the respondent No. 4 viz. Municipal Commissioner, Aizawl Municipal Corporation, Thuampui, Aizawl, Mizoram, issued a notice, dated 30.01.2025, to terminate the house construction by the respondent No. 5. The said notice being relevant, is extracted hereinbelow: “To Mr. Jackson Luangmual Ph No. : 7005619908 Subject : Notice to terminate house construction/Notice to apply for house construction permit. As per the Mizoram Municipalities Act, 2007(as amended in 2015), Section 130 and 133, you are ordered to stop the house you constructed without permission in Luangmual Veng immediately and to apply for house construction permit with the present house being constructed and with detailed documents through online within 15 days from the issuance of this letter. The list of Registered Architect/Engineer/Structure Engineer/ Supervisor under AMC is available at AMC Website – amcmizo ram.com, which can also be obtained from the AMC office during office hours. In addition you are also ordered to install pillar set each corner of your land by the approval of the Revenue Department and bring a Revenue Order confirming where the steps to be descended. If failing what needed to be done by you in comply with the requirements of the law, action can be taken under the Mizoram Municipalities Act, 2007(as amended in 2015), Section 137, 374 & 386. Sd/- 30/1/25 (Joseph H. Lalramsanga) Municipal Commissioner Aizawl Municipal Corporation Memo No. D. 32070/1/2025-AMC(BR): Dated Aizawl the 30th Jan, 2025.” Page No.# 3/4 3. On perusal of the above notice, it appears that the respondent has initiated some action on the complaint of the petitioner. However, thereafter, due to some jurisdictional issue, the petitioner had to approach the Land Revenue & Settlement Authorities, who, after conducting the spot verification, had submitted the report on 18.09.2025, indicating that the issue primarily concerned the dispute of construction and fall within the jurisdiction of the Aizawl Municipal Corporation(AMC). It is submitted, despite the above report that the jurisdiction falls under the jurisdiction of the Aizawl Municipal Corporation (AMC), no effective action has been taken so far by the said authority. 4. Being aggrieved by the inaction of the respondent authority, the petitioner filed this writ petition seeking direction to the respondent authorities to take necessary action and to ensure that the respondent No. 5 is constructing the concrete flyover as per the provisions provided under the Mizoram Municipalities Act, 2007, and the Aizawl Municipal Council Building Regulations, 2012. 5. I have heard the learned counsels for the parties and also perused the available documents. 6. Considering the nature of the grievance and without expressing any opinion on the merits of the case; this writ petition is disposed of at the motion stage, with a direction to the concerned respondent authority i.e. respondent No. 4 viz. Municipal Commissioner, Aizawl Municipal Corporation, Thuampui, Aizawl, Mizoram, to consider the complaint lodged by the petitioner on 17.01.2025, and take appropriate action in continuation of the notice dated 30.01.2025, and in accordance with law. If the construction carried-out by the respondent No. 5 is found to be unauthorized, an opportunity of hearing be given to the respondent No. 5 and all concerned parties before passing any effective order against them. Page No.# 4/4 7. Such exercise shall be carried-out and completed within a period of 6(six) weeks from the date of receipt of a certified copy of this order. 8. With the above observations and directions; the writ petition stands disposed of at the motion stage itself. JUDGE Comparing Assistant