The Secretary to the Government of Mizoram and 5 Ors. v. Sh. Lalhrezuala and Anr.
Court: Gauhati High Court
Bench: HONOURABLE MRS. JUSTICE MARLI VANKUNG
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-04-01. The Secretary to the Government of Mizoram and 5 Ors. v. Sh. Lalhrezuala and Anr. Read the judgment and case...
Judgment text
Page No. # 1/6 GAHC030000612020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/4/2020 The Secretary to the Government of Mizoram and 5 Ors. Minor Irrigation Department, Mizoram 2: The State of Mizoram r/b TheChief Secretary to the Government of Mizoram 3: The Chief-Engineer i/c Minor and Irrigation Department 4: The Executive Engineer 5: Sub-Divisional Officer 6: Deputy Commissioner/District Collecto VERSUS Sh. Lalhrezuala and Anr. Ramthar, Lunglei, Mizoram 2:Rokhar Advocate for the Petitioner : Mrs. H Lalmalsawmi (Addl. AG/GA, Mizoram) Advocate for the Respondent : Mr B Lalramenga Linked Case : I. A. (Civil)/10/2020 The Secretary to the Government of Mizoram Minor Irrigation Department Mizoram Page No.
# 2/6 2: The State of Mizoram r/b TheChief Secretary to the Government of Mizoram Aizawl Mizoram 3: The Chief-Engineer i/c Minor and Irrigation Department Aizawl 4: The Executive Engineer Irrigation Division Lunglei District Mizoram 5: Sub-Divisional Officer 6: Deputy Commissioner/District Collector Lunglei District Lunglei Mizoram VERSUS Lalhrezuala Ramthar Lunglei Mizoram 2:Rokhara Ramthar Lunglei Mizoram Advocate for the Petitioner : H Lalmalsawmi Advocate for the Respondent : Linked Case : I. A. (Civil)/11/2020 The Secretary to the Government of Mizoram Minor Irrigation Department Mizoram 2: The State of Mizoram r/b TheChief Secretary to the Government of Mizoram Aizawl Mizoram 3: The Chief-Engineer Page No.
# 3/6 i/c Minor and Irrigation Department Aizawl 4: The Executive Engineer Irrigation Division Lunglei District Mizoram 5: Sub-Divisional Officer Irrigation Sub - Division Lunglei District Lunglei Mizoram 6: Deputy Commissioner/District Collector Lunglei District Lunglei Mizoram VERSUS Lalhrezuala Ramthar Lunglei 2:Rokhara Ramthar Lunglei Mizoram Advocate for the Petitioner : H Lalmalsawmi Advocate for the Respondent : BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 02-04-2024 Heard Mrs. H. Lalmalsawmi, learned Government Advocate for the appellant along with Mr. B. Lalramenga, learned counsel for the respondents. Both the counsels submit that this matter may be disposed of, since the parties have come to an amicable settlement at Lok Adalat. On perusal of the documents enclosed, it is seen that both the parties Page No. # 4/6 had appeared before the Lok Adalat held on 21. 10.
2023 and the parties had come to an amicable settlement, which is as follows:- “AGREEMENT Whereas High Court Case No. R. F. A No. 4 of 2020, (Secretary, Irrigation & Water Resources Department - Vrs - Lalhrezuala Sailo & Rokhara) Ramthar veng, Lunglei is referred by the Hon'ble Gauhati High Court (Mizoram Bench) to Lok Adalat for amicable Settlement of the case of Compensation awarded by the District Session Court, Lunglei in Civil Suit No. 19 of 2010 delivered on 24. 07. 2019. According to the aforesaid Judgement & Order, the Department is to grant damaged Compensation for land and crops in respect of the following persons :- 1) Lalhrezuala Sailo - a)Land: Rs 3,64,474. 00 (b)Crops: Rs 2,73,500. 00 Total : Rs 6,37,974. 00 (Rupees six lakhs thirty seven thousand nine hundred seventy four)only 2) Rokhara - (a)Land: Rs 1,31,062. 00 (b)Crops: Rs 1,50,500. 00 Total: Rs 2,81,562. 00 (Rupees two lakhs eighty one thousand five hundred sixty two) only.
After deliberate discussion before the Lok Adalat, an amicable Settlement have been reached as detail No solatium will be claimed by the two Parties (Plaintiff & Dependent) and that 6% penal interest per annum after the lapsed of 2 months from the date of delivery of Judgement & Order passed by the Trial Court (i. e. Sept 2019 - Sept. 2023 for 4 yrs) shall be granted as calculated below:- Page No. # 5/6 (a) Lalhrezuala Sailo - Rs 6,37,974 + 1,53,112 = 7,91,086 (b) Rokhara - Rs 2,81,562 + 69,256 = 3,49,138 Grand Total - Rs 9,19,536 + 2,20,688 = 11,40,224 (Rupees Eleven lakh forty thousand two hundred twenty four) only. The Department is bound to move the case to Finance Department immediately for allocation of Fund to this purpose The Department is bound to make payment immediately after obtaining Finance Department's concurrence and the bills are duly passed by Treasury officer concerned.
The plaintiff will not further claim interest for the time lapse till sanctioning of the allocated fund from Finance Department. ” th Dated Aizawl, 17 October, 2023 Sd/- Sd/- (NGURCHHINGA SAILO) (DR. H. LALTHLANGLIANA) for & on behalf of Secretary to the Govt. of Mizoram 1. Lalhrezuala Sailo & Irrigation & Water Resources Department 2. Rokhara Mizoram, Aizawl. Plaintiffs, Ramthar Veng, Lunglei Witnesses Sd/- Sd/- (C. ROSIAMA) (BEIZAWZI AZYU) Superintendent Superintendent Engineer, W&D, Health & Family Welfare Department Office of the Chief Engineer, I&WR Ramthar Veng, Aizawl In view of the above, this Court finds the above terms of agreement acceptable and the RFA No. 4/2020 stands disposed of in terms of the amicable settlement reach by the parties at the Lok Adalat organized by the High Court Legal Services Committee on 21. 10. 2023. Page No. # 6/6 JUDGE Comparing Assistant
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