Clarinda Momin vs State Of Meghalaya & Ors

This petition filed under Article 226 of the Constitution is to direct the respondent authorities to cause an enquiry, spot verification, to pay land compensation and other compensation for the damages caused to the properties of the petitioner i.e. residential house, fruit bearing and valuable trees. Further, to enquire into the matter and re-survey the affected land of the petitioner for the purpose of compensation as per the prevailing market price under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the "Act of 2013").

It is the case of the petitioner that in connection with the construction of National Highway-44E from Tura to Shillong via Rongjeng, the respondent authorities had taken possession of her land. Further, that out of 5 bighas, 2 bighas of land had been taken possession and acquired by the District Collector, Williamnagar for construction of the said Highway-44E, wherein, she had constructed a residential house by investing huge amount of money and in the process of construction of the said highway, besides residential house certain fruit growing and valuable trees had been totally destroyed/demolished by the respondent authorities. As a result whereof, the petitioner incurred heavy loss in terms of money and till date she has not received any compensation from the Deputy Commissioner, Williamnagar. The petitioner though approached the Deputy Commissioner, Williamnagar on a number of occasions, she was assured that within a short period of time, land compensation would be paid to her but till date the respondent authorities has not paid any compensation to her.

According to the petitioner due to land acquisition of National Highway-44E, vast area of her land measuring about 2 bighas had been acquired by the Deputy Commissioner, Williamnagar and in the process, number of fruit growing and valuable trees were destroyed and present value of the land per bigha is @Rs. 5 lakhs i.e, Rs. 5 lakhs x 2=Rs. 10 lakhs, estimated amount of the residential house would be approximately Rs. 97,200/- and the cost of trees destroyed about Rs. 50,000/-. The total amount of compensation payable by the respondent authorities was Rs. 11,47,200/- which is yet to be paid to her. The petitioner asserts that she had sent several letters/representations to the respondent No.3 requesting him to issue necessary instructions to include her land measuring 50.00 metres between chainage-99/400 and 99/500 which had been left out in the proposed land acquisition and also to reevaluate/reassess the left out land after acquiring it including valuable trees. However, the respondent No.3 had failed to reevaluate/reassess compensation for her affected land whereby depriving the legal right of the petitioner. Hence, the present petition has been filed.

At the outset, learned counsel for the parties are ad idem that this writ petition is squarely covered by the decision of this Court in other similar writ petition, i.e., WP (C) No.264 of 2018 - Smti. Birolla S Sangma v. State of Meghalaya & ors passed on 14.08.2018 and submit that this writ petition may be disposed of in terms of the order dated 14.08.2018 passed in WP (C) No.264 of 2018. Reference was made to operative paras 9 and 10 of the decision which read thus:-

"9. The petitions with the consensus of the learned counsel for the parties are disposed of with a direction to the Deputy Commissioner, Williamnagr to specifically look into the issues i.e., whether any portion of the land or other property of the petitioners exists or existed adjacent to the National Highway which has been constructed from Tura to Shillong, in case answer shall be in affirmative then, as to whether the petitioners have suffered any damage due to the construction or in the process of construction of the road, if answer shall be in affirmative, then why their names were not included in the list as was styled „List of beneficiaries‟ by the respondents wherein, according to the petitioners, the names of other similarly situated persons were included, therefore, on similar line inclusion or non-inclusion of the petitioners names in the list of beneficiaries has to be looked into for payment of compensation, if any due.

The Deputy Commissioner, Williamnagar, himself or shall constitute a committee of two senior officers to look into the issues as referred to above. The exercise shall be undertaken and completed within a period of eight weeks. The result of consideration be it in affirmative or otherwise whatever permissible, according to the fact situation shall be conveyed to the petitioners, it shall be open to the petitioners thereafter, to have recourse to other available legal remedial measures, if required."

Accordingly and in view of the submissions made by the parties, this writ petition is disposed of by issuing direction to the Deputy Commissioner, Williamnagar in the same terms as contained in paras 9 and 10 of the decision dated 14.08.2018 in WP (C) No.264 of 2018 quoted hereinabove.

Writ petition is disposed of as above.