H. Baruah, J.@mdashHeard Mr. Michael Zothankhuma, learned senior Counsel assisted by Mr. Lalfakawma, learned Counsel for the writ Petitioners as well as Mr. B. Pathak, learned CGC for Respondent Nos. 1, 2 3, 4 and 8. Also heard Mr. Aldrin Lallawmzuala, learned Addl. A.G., Mizoram for Respondent Nos. 5, 6 and 7.
2. Writ Petitioners herein along with 2 (two) others namely, C. Lalhmingliana, Rochungnunga and another on an earlier occasion approached this Court by filing a writ petition being number W.P.(C) No. 62 of 2007 seeking a direction to the Respondents therein to make payment of compensation on account of occupation of their land by the army. The aforesaid writ petition was disposed of by this Court vide judgment and order dated 7.1.2009 with a direction to the Respondents authorities to constitute a joint team of the Union of India as well as the State for verification of the occupation of the lands of the Petitioners with the following members:
i) Director(NE-II), Ministry of Home Affairs or his representative;
ii) Defense Estate Officer, Gauhati Circle or his representative;
iii) Secretary to the Government of Mizoram, Department of Revenue; and
iv) concerned Deputy Commissioner/Collector.
With further direction to the joint team so to be constituted that such verifications of the lands of the Petitioners shall be completed within a period of 3 (three) months and shall furnish all details to the appropriate authorities for sanction of required fund for payment of rental compensation for occupation of lands and buildings, etc. and to make a payment within next 3 (three) months.
3. Pursuant to the aforesaid direction passed in W.P.(C) No. 62 of 2007, the Government of Mizoram was pleased to constitute a task force to conduct spot verification whether the Petitioners'' lands were actually occupied by security forces vide notification dated 8.5.2009. The task force was constituted with the following members:
i) Deputy Commissioner, Lunglei- Chairman.
ii) C.O. 40th Assam Rifles, Bn. Lunglei
iii) DEO, Guwahati Circle or his representative
iv) Shri V. Lianzinga, Deputy Director, LR and S.
v) Shri Rinzamlova, Deputy Director, LR and S.
vi) Shri C.C. Lalchuangkima, ASO-I, Lunglei
Accordingly on 4.6.2009 held a meeting in the officer chamber of the Deputy Commissioner, Lunglei and decided as follows:
1) Pu. Rinzamlova, Asst. Director of Survey produced Blue Print at Kawmzawl and Pukpui area that was prepared for payment of previous Rental Compensation. This Blue print was studied and checked. Since the Blue print did not include the names and land holding of the Petitioners it was decided that a fresh Map and Blue print of Pukpui and Kawmzawl may be prepared afresh after spot verification is undertaken by Joint Team of Inspection.
2) Duration of occupation of land at Pukpui and Kawmzawl by the Defence was also discussed and classified as below:
i. Period of Insurgency: 1.4.1966-31.8.1987
ii. Post-Insurgency: 1.9.1987- Till date
It was also discussed that Assessment may be made on the basis of the Duration of occupation and Area of the Land which shall be decided as per spot verification report of each piece of land of each Petitioner.
3) As time frame for spot verification as per Hon''ble High Court judgment is very short. It was decided that actual spot verification shall be carried out from 5th June, 2009 at 6.30 am onwards.
4) Blank Form of Assessment for ready use may be prepared as ASO-I Office, Lunglei.
5) All Petitioners are instructed to present in their respective Land along with relevant documents at the time spot verification is undertaken.
4. On 5.6.2009, 6.6.2009 and 8.6.2009 spot verification was conducted of the lands at Pukpui and Kawmzawl by the joint team and an interim report dated 9.6.2009 was made and issued by the Assistant Settlement Officer-I, Land Revenue and Settlement Department, Govt. of Mizoram. The joint team which conducted spot verification found claim of C. Lalhmingliana, Pu. Rochungnunga to be genuine. During the said verification conducted on 6.6.2009 in respect of the land of the Petitioner Nos. 19, 15 and 11 (WP�No. 62 of 2007) it recorded as under:
After breakfast was taken all the Team proceeded to Pu. Vanlalsanga Royte''s land. This is Kawmzawl Area. He claimed that his land was inherited from his father and had been used by the Security Forces as a Crematorium. His claim was found to be true and it was observed that the dimension and area of his land may be checked as per his documents later on as al the entries in his documents was found to be commensurate with his actual land. Thereafter, we proceeded to Pu. F. Aichhunga and H. Doruma''s land. In this land, there was some confusion again as the present Blue Print that was used for the payment of the previous compensation was found to be incomplete. Then it was decided again that a fresh Map may be prepared again as before.
5. By the interim report dated 9.6.2009 Assistant Director of Survey Pu. Rinzamlovoa, Revenue Department was entrusted to carry out actual survey of Pukpui and Kawmzawl area so that a reliable fresh blue print can be prepared so as to identify the lands of the Petitioners whether it falls within the occupied area of armed forces. On 6.7.2009, the joint team held a meeting in connection with verification and survey of land at Pukpui and Kawmzawl area. In the meeting it was decided not to accept the map prepared by the Revenue Department on the ground of non availability of proper documents to prove the area demarcated as per the map. The meeting thereafter resolved as follows:
5.1 area of present occupied land by the Security Forces should be demarcated and shown in the Map. In order to pursue this work, Pu. V. Lianzinga Deputy Director of Survey Land Revenue and Settlement Department, Mizoram with other three Surveyor and representative from 40th AR were entrusted. Re-verification and re-demarcation of the present occupied areas of the Security Forces will be held on 17th July, 2009 at 10:30 AM. They will prepare the Map showing present occupied area of the Security Forces at Kawmzawl so that those Petitioner''s land falling inside the present occupied area of Security Forces shall be processed for payment of rental compensation. After submission of the Map, meeting of Joint Verification Team will be convened again for further action.
5.2 To process those Petitioner''s land falling outside the preen occupied area of Security Forces for payment of rental compensation, documentary proof is required. Presently, no one among the members in the Joint Verification Team was able to provide and present such documents in the meeting of Joint Verification Team (Document produced by ASO-I Lunglei was found unreasonable and unacceptable as mentioned in Para $). Hence, It was decided that those land falling outside the present occupied area of Security Forces could not be processed for the time being. However, if such documents which can show and prove the occupied area of the Security Forces at Kawmzawl since Insurgency can be provided and presented to Joint Verification Team, the case may be considered later on.
6. Another meeting of joint team was held on 17.7.2009 under the chairmanship of the Deputy Commissioner, Lunglei. The minutes of the said meeting approved payment of rental compensation to C. Lalhmingliana and Rochungnunga along with another person whose land situates at Kawmzawl out of 29 writ Petitioners in W.P.(C) No. 62 of 2007 since their lands were found to be inside the blue print area prepared in 1992-1993. It is contended that though the joint team did find many of the Petitioners'' (in W.P.(C) No. 62 OF 2007) lands in occupation of the armed forces and were entitled to get rental compensation the representative of the 40th Bn. Assam Rifles did not approve any area beyond the blue print prepared in 1992-1993 for the rental compensation even though said lands were occupied by the armed forces. In para 3.4 of the meeting minutes dated 17.7.2009 it is indicated as follows:
In this connection, it may be mentioned that the occupied area of Defence Forces since Insurgency was verified with the help of previous Approved Blue Print indicating the occupied area of Defence Force as 54.33 Acres only. Moreover, members of the Task Force from 40 Bn. Assam Rifles made it clear that they couldn''t approve any area larger than the Approved Blue Print as it was approved by the competent authority. But if reliable and genuine documents can be shown and produced, it may be reviewed and re-verified later, they added. It means there is no any extension of Defence land from the previous map which the Petitioner claimed that it was wrong. However, it was found even during spot verification that some land presently occupied by 40 Bn. Assam Rifles falls outside the Occupied Area for Security Force as per this Approved Map. For example:
Lalrothangi''s, D/o Lalsawmliana, Chanmari, Lunglei land falls within the Firing Range Area Although her land is excluded from the Occupied Area of Security Force as per Approved Map.
7. In pursuance to the meeting minutes dated 17.7.2009 computation of rental charges payable to the 3 persons as indicated above was made on 4.8.2009 and the same was forwarded to the Secretary, Revenue Department which was later sent to the Secretary, Government of India, Defence Ministry and Home Ministry with a request to release the amount so computed.
8. The writ Petitioners being aggrieved by the decision of the joint team/task force in restricting their verifications of lands only to the areas within the blue print made in 1992-1993 file this instant writ petition seeking a direction to the Respondent authorities to constitute a task force/joint verification team to verify whether the Petitioners'' lands are occupied/found occupied by the armed forces which are outside the blue print area made in the year 1992-1993 within a time frame with further direction to make payment of rental compensation to the Petitioners whose lands are occupied by the armed forces though not included inside the blue print area.
9. This writ petition is resisted by the Respondents by filing counter affidavit. The State Respondents in their counter affidavit contended in paragraph 4 that issue involves disputed question of facts relating to the occupation of land by the armed forces. When the writ Petitioners along with some others approached this Court by filing W.P.(C) No. 62 of 2007 for payment of rental charges on account of occupation of their lands the court directed the Respondents to conduct a joint verification and accordingly the joint team consisting of officials from the State as well as from the Centre conducted verification but could not ascertain whether the Petitioners'' lands actually falls within the unoccupied area or not due to non availability of proper documents. It is also contended therein that writ Petitioners did not accompany the joint team during spot verification nor had shown any location by producing valid land documents. In paragraph 6 of the counter affidavit the State Respondents also contended that the representative of Home, Govt. of India denied occupations of the Petitioners'' land. The Respondent Nos. 1 to 4 contended in their counter affidavit that since the lands of the Petitioners could not be found within the blue print area by the joint team while conducting spot verification in such a situation it would not be possible on the part of the Respondents to make payment. 3 (three) Petitioners in W.P.(C) No. 62 of 2007 whose lands were found under the occupation of the army their cases has been processed for payment of appropriate rental compensation. The Respondents also contended that since the Petitioners'' land fall outside the presently occupied area of the security forces at Kawmzawl, payment of rental compensation to the Petitioners by the Union of India does not arise. They have also contended in their counter affidavit that when there arises disputed question of facts no remedy can be made available to the writ Petitioners through a writ petition under Article 226 of the Constitution of India. There being alternative remedy for the writ Petitioner this instant writ petition is liable to be dismissed.
10. Mr. Michael Zothankhuma, the learned senior Counsel in support of this writ petition submits that the Petitioners would also be entitled for rental compensation if their lands are actually occupied by the army. Their claim for compensation cannot be denied in view of the fact that their lands do not fall within the blue print area prepared in 1992-1993. Mr. Michael Zothankhuma, the learned senior Counsel taking aid of the minutes in para 3.4 of the meeting held on 17.7.2009 strenuously argues that even though the members of the task force from 40th Bn. Assam Rifles refused to approve any area larger than the approved blue print, approved by the competent authority, if reliable and genuine documents can be shown and produced by the writ Petitioner their cases may be review and re-verified later. In the minutes it has been indicated further that during the spot verification some lands presently occupied by 40th Bn. Assam Rifles were found outside the occupied area of the security forces per approved area. Therefore, minutes in para 3.4 of the meeting clearly indicate that some lands outside the blue print area are also in the occupation of the army. When some lands are found in occupation of the army beyond the blue print area, it would not be appropriate to say that such lands are not in occupation of the army since the same are located outside the blue print area. Therefore, the owners of such land would be entitled to compensation for occupation by the army/security forces. Since the minutes in para 3.4 of the meeting held on 17.7.2009 speaks for occupation of the lands by army outside the blue print area, the owners of such lands would be entitled to compensation. The Respondents in their counter affidavit have taken a stand that at the time of spot verification neither the writ Petitioners accompany the team nor had produced any land documents substantiating their ownership/possession. In view of the above contention and in view of the minutes recorded in para 3.4 of the meeting held on 17.7.2009 it would be appropriate to say that the armed forces are not occupying the lands of the Petitioners without verification Mr. Michael Zothankhuma argues.
11. Taking note of the facts involved in this writ petition, the contention of the Respondents in their counter affidavit and minutes recorded in para 3.4 of the meeting held on 17.7.2009 in particular this Court finds it reasonable and appropriate to direct constitution of a joint verification team for re-verification of the lands of the Petitioners whether such lands fall under the occupation of the armed forces or not. Mr. Michael Zothankhuma and learned CGC, Mr. B. Pathak agree to with the joint team of officers directed to be constituted by this Court while disposing W.P.(C) No. 62 of 2007 vide order dated 7.1.2009 which would serve the purpose. The joint team so constituted shall make spot verification in respect of the lands of the Petitioners herein to ascertain whether their lands are under the occupation of army or not. While making spot verification all the Petitioners shall remain present with their land documents. Such verification shall be completed within a period of 3 (three) months from the date of receipt of a copy of this judgment and Order. If the Petitioners'' lands, during spot verification, are found in occupation of the army, Respondent authorities shall take appropriate step for payment of rental compensation on and from the date of occupation.
12. Writ petition stands disposed of, however, with no cost(s).
