Lawngtlai District Land Owners Association R/B President and Anr v. Sh. Shashanka Ala and 6 Ors

ORDER Date : 23.10.2024

Heard Mr. Victor L Ralte, the learned counsel appearing on behalf of the Petitioners and Mrs. Linda L Fambawl, the learned Additional Advocate General appearing on behalf of the Respondents.

¶2The instant contempt application has been filed alleging willful and deliberate violation to the order dated 19.07.2019 passed by this Court in WP(C) No.90/2019.

¶3At this stage, it is pertinent to mention herein that the Petitioners herein had filed a writ petition being WP(C) No.90/2019 seeking a writ in the nature of mandamus that the Petitioners should be granted the compensation in terms with the Supplementary Award No.1/2016 and further challenging the cancellation of the Supplementary Award No.1/2016. Page No.# 3/4

¶4It is relevant to take note of that pursuant to the filing of the writ petition, this Court vide an order dated 19.07.2019 issued notice and directed that till the next date, the status quo as on 19.07.2019 be maintained by the Respondents. The allegation so made in the instant application as regards the violation is on the basis of a purported Award dated 27.09.2019 being Draft Award No.1/2019 which as per the Petitioners was in violation to the order dated 19.07.2019 inasmuch as there was a specific direction upon the Respondents to maintain status quo.

¶5This Court has duly perused the various affidavits which have been filed in the instant proceedings including the affidavit which has been filed in the accompanying writ petition being WP(C) No.90/2019. This Court has also taken note of that the interim order which was passed on

19.07.2019 have been modified by this Court vide an order dated

08.12.2021 whereby this Court had permitted the Respondents to go ahead in taking appropriate action so as to pay genuine land owners numbering 138 their due compensation.

¶6It is pertinent herein to take note of that on 24.04.2024, an additional affidavit has been filed by the Deputy Commissioner-cum-District Collector, Lawngtlai District in pursuance to the order dated

06.03.2024 passed in WP(C) No.90/2019. From a perusal of the said affidavit, it appears that the Draft Award No.1/2019 was brought to any logical conclusion. It is only pursuant to the order of modification dated

08.12.2021 another Draft Award No.1/2022 has been made. Under such circumstances, the question of violation of the order dated 19.07.2019 as alleged in the instant contempt application does not arise. Page No.# 4/4

¶7Accordingly, the instant contempt proceedings stands dropped.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC030006402024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/1/2020 Lawngtlai district Land Owners Association r/b President and Anr Lawngtlai Mizoram 2: Sh. T. Zatlunga Council Veng Lawngtlai VERSUS Sh. Shashanka Ala and 6 Ors Deputy Commissioner Lawngtlai 2:K Sawmvela The Engineer in Chief Public Works Department Aizawl 3:Dr. Andrew H. Vanlaldika Deputy Commissioner Lawngtlai District Lawngtlai Mizoram 4:Sh. Amol Srivastava Deputy Commissioner Lawngtlai District Lawngtlai Mizoram 5:Sh. Bowman Engineer-in-Cheif PWD Mizoram Page No.# 2/4 Aizawl 6:Sh. C. Lalhmingthanga Engineer-in-Chief PWD Govt. of Mizoram Aizawl 7:Sh David Lalthantluanga Deputy Commissioner Lawngtlai Dist. Lawngtlai For the Petitioner(s) : Mr. Victor L Ralte, Advocate For the Respondent(s) : Mrs. Linda L Fambawl, Addl. AG, Mizoram BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH