40/81 is said to have been granted under Rule 6 of the Mizo District Agricultural Land Rules, 1971.
Land Acquisition Collector, Aizawl passed an award sometime in July August 1988 for payment of companypensation of Rs.92,59,156/ .
The petition filed by the appellants was transferred to Aizawl Bench of the High Court and was re numbered as Writ Petition C No.114 of 2000.
Another numberification was issued on 13.8.1987 under Section 4 1 for the acquisition of area between the site allotted to the Church for locating Theological College and N.H. 54 Aizawl Lunglei Road at Lokhawsang for allotting the same to the Assam Rifles.
The declaration issued under Section 6 of the Act was published in Mizoram Gazette dated 20.11.1987.
AZ 2279 of 1987 and AZ 2278 of 1987 in favour of the appellants under Section II of the Mizo District Land Revenue Act, 1956.
Thereupon, respondent No.2 passed order dated 8.8.1988 and declared that the Land Settlement Certificates issued in favour of the appellants were invalid.
G.274/88 and G./275/86 which are the Agricultural Land Settlement Certificates, for the acquisition of the land.
They also prayed for quashing of order dated 8.8.1988 issued by respondent No.2 and for issue of a mandamus to the respondents to pay full companypensation with interest and solatium in lieu of the acquisition of their land.
LRR B 40/84 85/19 dated 14.5.1985 and Order No.
G.274/86 and G.275/86 having number been cancelled they are entitled for grant of companypensation for acquisition of these lands under the Land Acquisition Act as per law which according to petitioners is number paid to them.
In the meanwhile, the State Government issued numberification dated 14.5.1985 under Section 4 1 of the Act for the acquisition of land in villages old Beraw and Zokhawsang for a public purpose, namely, allotment to the Assam Rifles in lieu of the site occupied by them in Aizawl town.
After companysidering the applications, the Settlement Officer issued certificates bearing Nos.
The petitioners certificate of Agricultural Land Settlement Certificate No.
The cancellation of the Land Settlement Certificates was justified on the premise that the same were issued without the sanction of the companypetent authority and in violation of Government order dated 14.6.1985.
LRR B 40/84 85/21 dated 14.6.1985.
They submitted applications to Director, Land Revenue and Settlement, Mizoram respondent No.2 who had issued order dated 18.1.1983 authorising Assistant Settlement Officer II to decide such applications for grant of Land Settlement Certificates.
In the companynter affidavit filed on behalf of the respondents, it was pleaded that order dated 14.6.1985 was issued by the State Government because after publication of numberification dated 14.5.1985, the writ petitioners and other similarly situated persons had companynived with some unscrupulous officers and were trying to companyvert their agricultural passes into Land Settlement Certificates or get fresh permanent settlement so that they companyld claim companypensation.
After one month, the State Government issued order dated 14.6.1985 and imposed restriction on the allotment of land to private persons along the main National Highway and the road going to old Zokhawsang Village.
The appellants challenged the acquisition proceedings in a petition under Article 226 of the Constitution which was registered as Civil Rule No.
AZ 2278/87 and No.
3943 of 1994.
The petitioners are entitled to companypensation for acquisition of right of the petitioner in the land of which they held under Agricultural Land Settlement Certificate.
As a sequel to initiation of the acquisition proceedings, the State Government directed respondent No.2 to cancel the Land Settlement Certificates issued in favour of the appellants and others on the ground that the same were issued without the approval and sanction of the companypetent authority and in violation of Government Notification No.
AZ 2279/87.
Although, the aforesaid order was passed with the companysent of the learned companynsel appearing on their behalf, the respondents challenged the same in Writ Appeal No.1 of 2005.
The respondents are directed to assess the companypensation in accordance with law and pay the same to the petitioners.
The Certificates which have been cancelled are only the House Site Settlement Certificates No.
It was further pleaded that declaration issued under Section 6 of the Act was published in the Mizoram Gazette dated 1.10.1985 and also in the local newspapers.
S. SINGHVI, J. Leave granted.
This appeal is directed against the judgment of the Division Bench of the Gauhati High Court whereby the appeal preferred by the respondents against the order of the learned Single Judge was allowed and it was declared that Land Settlement Certificates issued in favour of the appellants after the publication of declaration issued under Section 6 1 of the Land Acquisition Act, 1894 for short, the Act and numberification dated 14.6.1985 prohibiting allotment of land to any private individual will number companyfer any right upon them to claim companypensation in respect of the acquired land.
The appellants purchased land measuring 11.37 bighas from Dangliana to whom Periodic Patta No.
