GAHC030000642018

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (AIZAWL BENCH)

Case No. : WP(C) 87/2018

1:Jone Devasora, Lunglei

2: Monu Bodro Devasora Lunglei

3: G. Chondro Devasora Lunglei

4: Bolu and another 328 Petitioners Devasora Lungle

VERSUS

1:State of Mizoramrepresented by the Chief Secretary to the Govt. of Mizoram Aizawl

2:The Secretary to the Govt. of Mizoram Revenue Dept. Aizawl Aizawl

3:the Deputy commissioner cum district Collector Lunglei District Lunglei

4:The Union of India represented by the Joint Secretary to the Govt. of India MHA Border Management Border Management Division-I

New Delhi

5:the Engineering Project India Ltd. represented by the Chairman-cum-Managing Director Core-3 Scope Complex Lodhi Road New Delhi-

Advocate for the Petitioner : Mr C Lalramzauva

Advocate for the Respondent : Ms Linda L Fambawl

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

Date : 20-11-2019

Heard Mr. A.R. Malhotra, the learned counsel for the petitioners. Also heard Ms. Zairemsangpuii, the learned CGC for respondent No. 4 and Mr. Abir Phukan, the learned counsel for the respondent No. 5.

The matter pertains to acquisition of land for the purpose of executing the work of Indo-Bangla Border Road-cum-Fencing.

Though, Award No. 1/2009 has been pronounced by the Collector, Lunglei, acquiring land for the said project, no compensation for the same has been paid till date. The petitioners' prayer is for release of the compensation amount.

The affidavit of the respondent No. 4 (Government of India) is to the effect that the entire contract work, including the cost of the land acquisition is the responsibility of the respondent No. 5 in terms of the Memorandum of Understanding (MoU) executed between the respondent No. 4 and the respondent No. 5.

The counsel for the respondent No. 5 submits that as per the MoU executed by the respondent No. 4 and respondent No. 5, the respondent No. 5 is to carry out a detailed survey of the sector of the project allocated to it and prepare a project/ comprehensive estimate for the works required for construction of the Indo-Bangla Border Road-cum-Fencing. This project/ comprehensive estimate includes the cost of acquisition of land. The respondent No. 5 submits that as per Clause 4 of the MoU, the project/ comprehensive estimate has to be approved by the High Level Empowered Committee. Thereafter, the cost of the project/ comprehensive estimate, including the cost of the acquired land, has to be submitted to the respondent No. 5 by the respondent No. 4, for release of the same to the Collector, Lunglei.

The counsel for the respondent No. 5 submits that though money had been given by the respondent No. 4 to the respondent No. 5 for satisfying Award No. 1/2009, the respondent No. 4 has subsequently directed the respondent No. 5 to use the money for some other projects, due to above project being stalled as various litigations have been initiated since the year 2009. He also submits that the respondent No. 4 did not give any approval to the respondent No. 5 for releasing the money for acquisition of land to the Collector, Lunglei, during the period the said money was lying with the respondent No. 5.

On considering the submissions made by the learned counsels, the respondent No. 4 is directed to file an affidavit stating when they gave their approval to the project cost and estimate submitted by the respondent No. 5 for the Indo-Bangla Border Road-cum-Fencing project stretching from Marpara (BP 2319) to Demagiri (BP 2338), involving 46 kms.

The respondent No. 5 will submit an affidavit including documents, whereby the

respondent No. 4 has subsequently authorized the respondent No. 5 to use the money given for satisfying Award No. 1/2009, for use in other projects.

List the matter for submission of the affidavits on 10th December, 2019.

JUDGE

Comparing Assistant