Gauhati High Court - Aizawl
S Makhu And 22 Ors vs Lalnunmawia Chuaungo And 10 Ors on 13 November, 2025
Page No.# 1/15
GAHC030004222019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/16/2019
S Makhu and 22 Ors.
S/o S.Helei, R/o Zawngling, Saiha District, 2: C Beibiahneisa
Zawngling
Saiha District
3: L C Luabei
Zawngling
Saiha District
4: J Pathaisa
Zawngling
Saiha Distric
VERSUS
Lalnunmawia Chuaungo and 10 Ors.
Chief Secretary to Govt of Mizoram, Aizawl 2:Bhupesh Chaudhury
Chief Secretary to Govt of Mizoram
Aizawl
3:Brig. Birender SIngh
Chief Engineer
Project Pushpak
C/o 99 APO
4:MN Ansari
Executive Engineer
Officer Commanding 71 RCC
BRTF
C/o 99 APO
5:P Sama
Executive Engineer
MADC
Page No.# 2/15
SIaha
6:N Pachhunga
Senior Revenue Officer
Land Revenue and Settlement Department
MADC
Siaha District
7:Sh.MANV Prasad
Chief Engineer
Project Pushpak
8:Sh H.Lalsangliana
Deputy Commissioner
Siaha District
Siaha
9:Sh.S.P.Kolipey
Chief Engineer
Project Pushpak
10:Sh.Lalhmunsanga Hnamte
Deputy Commissioner
Siaha District
Siaha
11:Sh V.L.Hruaizela Khiangte
Deputy Commissioner
Siaha Disrrict
Siaha
Mizora
Advocate for the Petitioner : Mr. Lalfakawma
Advocate for the Respondent : Ms. Mary Lalruatkimi Khiangte
Linked Case : Cont.Cas(C)/22/2021 C. Hetha and 16 Ors.
S/o C. Pathaw R/o Tipa V 2: K. Rahmo Page No.# 3/15 R/o Tipa 3: NK Hlychho Tipa V 4: VT Beirahia Zyhno/ Zawngling 5: Lalnunthangi Siaha VERSUS Subhash Sharma Secretary Border Roads Development Board (BRDB) and 9 Ors. Sena Bhavan B Wing 2:PN Yadav The Chief Engineer Border Road Task Force (BRTF) Project Pushpak GREF C/o 99 APO Project Pushpak GREF C/o 99 APO 3:R. Zarzosanga Secretary to the Govt of Mizoram Land Revenue and Settlement Department Aizawl 4:Kesavan R. The Deputy Commissioner Siaha District Siaha 5:Pheiki Solo Senior Revenue Officer Mara Autonomous District Council Siaha 6:Sh Lalsangliana Deputy Commissioner Siaha District 7:Sh SP Kolipey Chief Engineer BRTF Project Pushpak Page No.# 4/15 GREF 8:Sh Lalhmunsanga Hnamte Deputy Commissioner Siaha District Siaha 9:Smt Mazee Khaila Senior Revenue Officer Mara Autonomous District Council Siaha District Mizoram 10:Sh VL Hruaizela Khiangte Deputy Commissioner Siaha District Mizoram Advocate for the Petitioner : Ms Dinari T Azyu Advocate for the Respondent : Ms Zairemsangpuii Linked Case : Cont.Cas(C)/31/2019 Abednago and 16 Ors. Tuipang Mizoram 2: F Lalhmunsanga Tuipang Mizoram 3: TT Vasti Tuipang Mizoram 4: Hezi Tuipang Mizoram 5: Lawche Tuipang Mizoram VERSUS Subhash Sharma and 13 Ors. Sena Bhawan B Wing Page No.# 5/15 New Delhi 2:Manv Prasad The Chief Engineer BRTF Project Pushpak GREF c/o 99 APO 3:R Lalramnghaka Secretary to the Government of Mizora Land Revenue and Settlement Department Aizawl 4:Bhupesh Chaudhury The Deputy Commissioner Siaha District Siaha-796901 5:N Pachhunga Senior Revenue Officer Mara Autonomous District Council Siaha-796901 6:Sh P.N. Yadav Chief Engineer BRTF Project Pushpak GREF 7:Sh R Zarzosanga Secretary Land Revenue and Settlement Govt. of Mizoram 8:Sh Kesavan R Deputy Commissioner SiahaDistrict 9:Sh lalsangliana Deputy Commissioner Siaha District 10:Sh Pheiki Solo Sr. Revenue Officer MADC Siaha 11:Sh S.P. Kolipey Chief Engineer Page No.# 6/15 BRTF Project Pushpak GREF 12:Sh Lalhmunsanga hnamte Deputy Commissioner Siaha District 13:Smt Nazee Khaila Senior Revenue Officer Mara Autonomous Districct Council Siaha District Miaoram 14:Sh V.L.Hruaizela Khiangte Deputy Commissioner Siaha District Mizoram Advocate for the Petitioner : Mrs Dinari T Azyu Advocate for the Respondent : Ms. Mary Lalruatkimi Khiangte (Addl.AG/G.A. Mizoram) for R4 R7 Linked Case : Cont.Cas(C)/23/2021 C. Viatha and 37 Ors. Tipa V Siaha District Mizoram 2: Atu Chozah Tipa D Siaha District Mizoram 3: Beihu Nohro Tipa D Siaha District Mizoram 4: S. Rahlu Tipa V Siaha District Mizoram Page No.# 7/15 5: C Vepaw Zyhno Siaha District Mizoram 6: S. Ngodei Tipa V Siaha District Mizoram VERSUS Subhash Sharma Secretary Border Roads Development Board (BRDB) and 9 Ors. SenaBhavan B Wing New Delhi 2:Sh. P. N. Yadav The Chief Engineer Border Road Task Force (BRTF) Project Pushpak Project Pushpak GREF C/o 99 APO 3:Sh. R. Zarzosanga Secretary to the Govt. of Mizoram Land Revenue and Settlement Department Aizawl 4:Sh. Kesavan R Deputy Commissioner Siaha District Siaha 5:Sh. Pheki Solo Senior Revenue Officer Mara Autonomous District Council Siaha 6:Sh. Lalsangliana Deputy Commissioner Siaha District Siaha 7:Sh S.P.Kolipey SE (Civ) The Chief Engineer Border Road Task Force (BRTF) Page No.# 8/15 Project Pushpak GREF C/o 99 APO 8:Sh Lalhmunsanga Deputy Commissioner Siaha Dist.
Siaha Mizoram Advocate for the Petitioner : Ms Dinari T Azyu Advocate for the Respondent : Mr. P C Lalthangmawia for R9 Linked Case : Cont.Cas(C)/24/2019 VT Zecharia and 73 Ors Zawngling Tuipang Mizoram 2: V Hrachhia Siatlai Tuipang 3: S Pawla Tuipang Mizoram 4: Lalhruaia Tuipang Mizoram 5: B Chale Zawngling Mizoram VERSUS Subhash Sharma and 13 Ors Sena Bhavan B wing New Delhi 2:Brig Birender Singh Chief Engineer BRTF C/o 99APO 3:R Lalramnghaka Secretary Page No.# 9/15 Land Revenue and Settlement Mizoram 4:Bhupesh Chaudary Deputy Commissioner Siaha District Mizoram 5:N Pachhunga Senior Revenue Officer Mara Autonomous District Council Siaha 6:MANV Prasad Chief Engineer Border Road Task Force (BRTF) Project Pushpak GREF C/o 99 APO 7:Sh R.Zarzosanga Secretary to the Govt. of Mizoram Land revenue and Settlement Dept. Aizawl 8:Sh Kesalan R Deputy Commissioner Siaha Dist.
Siaha 9:Sh P.N.Yadav Chief Engineer BRTF Projecr Pushpak GREF C/o 99 APO 10:Sh Lalsangliana Deputy Commissioner Siaha Dist.
Siaha 11:Sh Pheiki Solo Senior Revenue Officer Mara Autonomous District Council Siaha Dist.
Mizoram 12:Sh S.P.Kolipey S.E. (Civil) Page No.# 10/15 Chief Enginer Border road Task Force (BRTF) Project Pushpak GREF C/o 99 APO 13:Sh Lalhmunsanga Hnamte Deputy Commissioner Siaha Dist.
Siaha 14:Smt. Nazee Khaila Sr.Revenue Officer MADC Siaha District.
15:Sh V.L.Hruaizela Deputy Commissioner Siaha District Mizoram Advocate for the Petitioner : Ms Dinari T Azyu Advocate for the Respondent : Ms Zairemsangpuii Linked Case : Cont.Cas(C)/21/2019 Sh. L Sachai and 29 Ors Zawngling Tuipang Mizoram 2: LC Valaw Zawngling Tuipang Mizoram 3: B Beizi Zawngling Tuipang Mizoram 4: Mala Zawngling Tuipang Mizoram Page No.# 11/15 5: LC Khaikhei Zawngling Tuipang Mizoram VERSUS Sh. Subhash Sharma and 14 Ors Sena Bhavan B-wing New Delhi 2:Brig Birender Singh Chief Engineer BRTF C/o 99APO 3:R Lalramnghaka Secretary Land Revenue and Settlement Mizoram 4:Bhupesh Chaudary Deputy Commissioner Siaha District Mizoram 5:N Pachhunga Senior Revenue Officer Mara Autonomous District Council Siaha 6:Sh Manv Prasad Chief Engineer Border Road Task Force (BRTF) Project Pushpak GREF C/o 99 APO 7:Sh R.Zarzosanga Secretary to the Govt. of Mizoram Land Revenue and Settlement Dept. Aizawl 8:Sh Kesavan R Deputy Commissioner Siaha Dist.
Mizoram 9:Sh P.N.Yadav Chief Engineer Page No.# 12/15 Border Road Task Force (BRTF) Project Pushpak GREF C/o 99 APO 10:Sh Lalsangliana Deputy Commissioner Siaha District. Mizoram 11:Sh Pheiki Solo Senior Revenue Officer MADC Siaha Dist.
Mizoram 12:Sh S.P.Kolipey Chief Engineer Border Road Task Force (BRTF) Project Pushpak GREF C/o 99 APO 13:Sh Lalhmunsanga Hnamte Deputy Commissioner Siaha Dist.
Mizoram 14:Smt Nazee Khaila Senior Revenue Officer Mara Autonomous District Council Siaha District Mizoram Advocate for the Petitioner : Ms Dinari T Azyu Advocate for the Respondent : Mr. P C Lalthangmawia for R14 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR JUDGMENT / ORDER Date : 13.11.2025 Heard Ms. Dinari T Azu, learned counsel for the petitioner and also heard Ms. Zairemsangpuii, learned CGC for the respondent No. 3, 7 & 9 in all the contempt Page No.# 13/15 petitions.
The operative portion of the order dated 28.05.2019 passed in WP(C) No. 129/2018 and the other connected matters read as follows;
"9. Prior to sending the verification report by the Deputy Commissioner to the other respondents, the respondent No. 4 shall take a decision with regard to whether the land passes of the petitioners are valid and genuine passes, after giving an opportunity of hearing to all the concerned parties. The petitioners shall also produce their original land passes for inspection and verification. If the petitioners land passes are valid and give heritable and transferable rights to the petitioners, the respondents shall thereafter take a decision whether they want to vacate the petitioners' lands on which the road is constructed or acquire the land. If the respondents decide to acquire the land, they shall initiate proceedings for acquisition of the land of the petitioners under the acquisition law applicable in the State.
10. The entire exercise for completing the process of acquisition of the petitioners lands or apportionment thereof and the payment of the compensation shall be completed by the respondents within a period of 6 (six) months from the date of sending of the verification report by the Deputy Commissioner to the other respondents.
11. Keeping in mind the fact that 10 years have lapsed from the time was constructed, this Court clarifies that in the event it is found in the verification that the road is not constructed upon the lands of the petitioners, but the debris or other factors due to the road construction has only caused some damage to the land and crops of the petitioners, there is no requirement of the respondents to acquire those lands and in that event, the petitioners would have the liberty to make a claim for damages before the Civil Court as per law."
The learned CGC appearing for the respondents has placed before this Court the instruction dated 12.11.2025 which reveals that on receipt of the approved copy of the Award No. 12/2024 issued by the Land Revenue & Settlement department, Government of Mizoram vide Memo No. K.12011/48/2013-REV, dated 15.01.2025 certain observation having been raised by 71 RCC (GREF), the Deputy Commissioner Page No.# 14/15 District, Siaha was approached to rectify the observation vide letter dated 08/03/2025. The Deputy Commissioner, Siaha district thereafter submitted a Draft Award by Memo No. D.1106/3/2024-DC(S) dated 16.05.2025 and the same has been approved by the Government of Mizoram vide Memo dated 29.05.2025. The instruction dated 12.11.2025 further records that on scrutiny of the latest award dated 29.05.2025, the department had noticed that there was some incorrect application of a multiplier factor and therefore, they have approached the Deputy Commissioner, Siaha to again verify the actual radial distance from the outskirt of boundary of the urban area related to the TLLL road and to ascertain applicability of the said multiplication factor as per the provisions of RFCTLARR Act 2013.
At paragraph-5, it has been stated that the final decision on the Award No. 12/2024 has been kept in abeyance in the department. Referring to the multiple chain of command involved in order to verify the correctness of the award and for further approval of the competent authorities, the learned counsel for the respondents has been requested to apprise the Hon'ble Court to seek a period of minimum 3 months time from the Court to facilitate the final decision in the Award No. 12/2024. The instruction has been signed by one Mr. Sudhakar Sarma, Assistant Engineer (Civil), Officer-in-Charge Legal Cell for Chief Engineer. This Court notices that the entire exercise for completing of the process of acquisition of the petitioner land or apportionment thereof and payment of compensation should have been completed by the respondents within a period of 6 months from the date of sending of the re- verification report by the Deputy Commissioner to the other respondents. This Court had also taken into account the fact that 10 years had lapsed on the date of the order from the time the road was constructed. This contempt petition was instituted in the year 2019. Verification and passing of the award took time till 29.05.2025. The requiring authority has now again sought to raise the issue for re-verification through the Deputy Commissioner, Siaha even though verification had already been done and Page No.# 15/15 the award had also been passed. The instruction dated 12.11.2025 is specific to the extent that the final decision on the Award No. 12/2024 is kept in abeyance in the department. Although, the Assistant Engineer (Civil), Officer-in-Charge Legal Cell for Chief Engineer is not a party in this contempt proceeding, he has issued the instruction on behalf of the Chief Engineer who is a party respondent in this contempt petition. This Court is of the prima facie view that the respondents instead of following the due procedure of law with regard to the Award No. 12/2024 has tried to circumvent the order passed by this Court more specifically when the final decision on the Award No. 12/2024 is been kept in abeyance in the department.
List this matter again on 04.12.2025 on which date, the Chief Engineer, Project Pushpak and Mr. Sudhakar Sarma, Assistant Engineer (Civil) shall be present before this Court to explain as to why the proceedings should not be initiated against them for attempt to circumvent the order passed by this Court.
JUDGE Comparing Assistant