Means of 'Appropriate Government' in Land Acquisation Act, 1894 to Approve the Award
Querist :
Anonymous
(Querist) 26 March 2011
This query is : Open
Sir,
Please help me in this case
After we cant stop to give our privates land to one of the best Army trainning centre in the world, Counter Insurgency and Jungle Warefare School (CIJWS) Locate at, Vairengte Mizoram. In 2004, MoU had signed by Secretary, Land Revenue & Settlement Govt of Mizoram, Brig Ponwar, Commandant CIJWS and 2 VCPs on behalf of Land Owners. In the MoU, Revenue LSC, Periodic Patta and VC Pass holder can claim compensation for their own land. At 2005 Mizoram Govt Gazette Notification after that Acquisation started and in August 2008, Draft Award had approved by Distric Colector. Under LA Act 1894, anyone who have complain can submitted As the LA Act said period. No one makes objection inside given period. So District Collector, Secretary Revenue and Chief Minister, Government of Mizoram all of them approved the Award. After that, Environment & Forest Department, Govt of Mizoram submit their Objection after objection period was closed. But, District Colector reject their objection. But payment was not made because of CIJWS received dual claiment (E & F Deptt submitt by themselves outside LA Act 1894 said permission. After this we had no other choice then file Write petition to Guwahati High Court, Aizawl Bench at July 2009. Ministry also changed, new CM make another trouble for land owner. He said there was too much bhogas claiment and it need to re acquire. But Cabinet Meeting held on November 2009 decide, forest will not interefere more becuse Cachar Inner Line Regulation had already reject at 2002 by Guwahati High Court Bench, Guwahati. After these, Guwahati HC Aizawl Bench not permit to re-assest, then after long waiting, in 18 January, 2011 HC Judge are going to make Judgement. But at the meantime, Union of India, Ministry od Defence Council M Pathak pray to court and hold Judgement, because they want to challenge the Award by fresh Write Petition. So Judgement are still delay. At their Petition, their main point is, District Colector have no power to approved, in LA Act 'Appropriate Government' is not mean District colector or State Government So on we poor villager and farmer land owner worry for this delay again. Is there any Indian who can help me? We the owner are very angry now, If Defence Ministry challenge, we will not permitted to surrender for Army Trainning Centre, who never paid Rental Charges from 1970 till today to the private land Owner. Is there any Supreme Court Judgement/Ruling similiar case like us. Please help me and mail me.
James C Lalnuntluanga
Chairman
Association of Occupied Army Land Owner
Vairengte, Mizoram, India
email: www.jclalnuntluanga@yahoo.com
Mobile: (0) 9862967441
