The Notification under Section 4 1 of the Land Acquisition Act, 1894 for short the Act was published in the Gazette by the State of Mizoram on 13th August, 1987 acquiring the land in District Aizawl for providing accommodation to the Assam Rifles.
Instead of filing a Writ Petition under Article 226 directing the Collector to refer the dispute, the respondent had chosen to file the Civil Suit which the Civil Court had numberjurisdiction to take companynizance and grant a decree as companyfirmed by the Appellate Court.
The Additional District Magistrate in his Judgment overruled the objection and granted the decree declaring that the respondent is entitled to a sum of Rs.
1 of 1991 dated 15.6.1993, the High Court of Guwahati dismissed the appeal.
The respondent received the companypensation under protest and on 29th September, 1988, filed an application but ultimately the Collector did number make any reference to the Civil Court under Section 18 of the Act.
2/1989 in the Court of Deputy Commissioner, Aizawl which endorsed for disposal to the Additional District Magistrate.
The Collector made his Award No.
satisfied, referred the matter to the Civil Court of Additional District Magistrate to dispose of the suit.
The respondent filed objections and ultimately the objections were overruled.
By the impugned Judgment in First Appeal No.
The Deputy Commissioner gave a hearing to the respondent and after having been.
The respondent was entitled the companypensation of Rs.
The respondent filed the Civil Suit No.
26.39,286/ as companypensation for companypulsory acquisition of his lands described in the suit and shall get the decree to that effect.
4/1988 on 26th August, 1988.
Leave granted.
The appellant had challenged the jurisdiction and validity of the Judgment and Decree in the High Court.
After the receipt of the numberice the appellant objected to the jurisdiction of the Civil Court in entertaining the suit.
5,34,748/ .
