Smti. Ardalin Thabah, Wife of Shri S Brolington Marngar vs State of Meghalaya represented by Chief Secretary, Government of Meghalaya, Shillong, & Ors.

Heard Mr. S.Dey, learned counsel for the petitioner, Mr. KP Bhattacharjee, learned State counsel for the State respondents as well as Mr.

N.Mozika, learned counsel for the respondent No. 5 & 6.

The petitioner''s case in a nutshell is that:

The Petitioner is a citizen of India belonging to Khasi Schedule Tribe of Meghalaya and as such she is entitled to all the rights and

privileges guaranteed under the constitution of India. The Petitioner is the absolute owner of a plot of land measuring about 90720 sq.

Feet''s (more or less) situated at ''Umsaitprah'' (Umden) Plot No. 173 under rural area, Ri-Bhoi District, Meghalaya. On 4th

December 1996 the Petitioner was gifted a Plot of Land by her mother namely, Smti Klesibon Thabah in presence of the members of

Durbar Shnong Umsaitprah (Umden) Raid Mawbuh, and the same was acknowledged by the said Dorbar Shnong. The Deputy

Commissioner, Ri-Bhoi District, Meghalaya (Respondent No. 2) for extension of the Umroi Airport, Ri-Bhoi District, Meghalaya

acquired the land of the Petitioner, the said plot of land of the Petitioner was acquired by the said Respondent without paying

compensation to the Petitioner and also without following the procedure of Land Acquisition.

The Extra Assistant Commissioner (Revenue) Ri-Bhoi, Nongpoh (Respondent No. 7) vide Office Order No. DCRB (LA)

7/207/217. 1331 dated Nongpoh the 1st June, 2011 issued a Notice to the U Rangbah Shnong Umroi Nongrah/Umden

Mission/Umsaitprah/Umden Arka, whereby it was informed that the said Respondent will be coming to inspect/survey the land

acquired by the Airport on 08.06.2011 from 11:00 am and the said authority has also requested the land owner to be present along

with him who were affected by the acquisition of Airport. It is to mention herein that as per the said order, the Respondent No. 7

along with the Petitioner and other land owners affected by the acquisition of land for the said Airport had inspected their respective

land, survey was conducted in the Petitioner''s land and thereafter assessment was done for the Petitioner''s land. The said

Respondent after survey and assessment of the land informed the Petitioner that her land has been acquired and within few days she

will receive the compensation.

The Deputy Commissioner, Ri-Bhoi, Nongpoh vide Office Order No. DCRB. (LA) 7/2007/Pt-II/75 dated Nongpoh the 11th

October, 2012 issued a notice to 17 (seventeen) land owners. As per the said Notice, it was brought to the notice that the land to be

acquired for the expansion/upgradation of Umroi Airport is under the process of compensation stage, the Petitioner and other land

owners was directed to appear in person before the Extra Assistant Commissioner (Rev) Shri R. Kharbihkhiew, MCS in his Office

along with the relevant documents to substantiate the claims on 18th October, 2012. It is to mention herein that as per the Notice

dated 11th October, 2012 issued by the Deputy Commissioner, Ri-Bhoi District, Nongpoh the name of the Petitioner was placed as

serial number 14.

As per the Office Order No. DCRB. (LA) 7/2007/Pt-II/75 dated Nongpoh the 11th October, 2012 issued by the Deputy

Commissioner, Ri-Bhoi District, Nongpoh, the Petitioner along with other land owners appeared in person before the Extra Assistant

Commissioner (Rev) Shri R. Kharbihkhiew, MCS in his Office on 18th October, 2012 and put her claim for the land of the

Petitioner''s which was acquired by the Respondents for the expansion/upgradation of Umroi Airport. After thorough discussion with

the Extra Assistant Commissioner (Rev), Ri-Bhoi, Nongpoh, on 18th October, 2012 the Petitioner was confident that she will be

paid compensation for her land which was already acquired by the Respondents, however till date the Respondents did not paid the

compensation for acquiring her land for the extension of Umroi Airport at Umroi, Ri-Bhoi District, Meghalaya. Even after a lapse of

more than three years the Petitioner was not paid compensation by the Respondent No. 2, left with no other option the Petitioner

addressed a letter to the Deputy Commissioner, Ri-Bhoi District, Nongpoh vide letter dated 6th August, 2015 whereby request was

made to the said Respondent to pay requisite compensation to the Petitioner for acquiring her land i.e. Plot No. 173 for the

upgradation/expansion of Umroi Airport.

The Hon''ble High Court of Meghalaya vide order dated 13.07.2015 passed in Writ Petition (Civil) No. 164/2015 issued notice to

the Government of Meghalaya through the Chief Secretary, the Deputy Commissioner, Ri-Bhoi District and the Chairman of Airport

Authority of India for the objectionable delay onto the construction of the Umroi Airport. However the Learned Advocate General

appeared on behalf of the State Government and prayed for time to seek instructions into the matter, this Hon''ble High Court was

pleased to fix the matter again on 16.07.2015, and thereafter the same is pending for disposal.

After the Hon''ble High Court of Meghalaya issued notice to the Respondents, the Petitioner received a Xerox copy of a letter No.

DCRB (LA) 7/2007/Pt-II /192/498 on 17th October, 2015 from the Respondent No. 2, from the said letter and postal receipt, it is

apparent that the said letter was issued on a back date i.e. 23rd June, 2015 with an intention to cover-up the illegal and malafide act

of the Respondent No. 2. The back date (23rd June, 2015) Letter was posted at Nongpoh Post Office only on 06.10.2015 at 10:33

am. The said action of the Respondent No. 2 is highly illegal and the said action of the Respondent No. 2 is required to be

investigated by the independent agency so that the motive of the said Respondent can be scrutinized. The Respondent No. 2 vide

Letter No. DCRB (LA) 7/2007/Pt-III/293/1087 dated Nongpoh, the 20th November, 2015 submitted a copy of the information on

the meeting held on the 6th November, 2015 to the Deputy Secretary, Meghalaya Legislative Assembly, Shillong. Along with the said

information copy of the New rate as per the Right to Fair Compensation Transparency - Land Acquisition, Rehabilitation &

Resettlement Act, 2013 for the 6 (six) landowners at Umsaitprah of the Isolation Bay, Umroi Airport was enclosed and as per the

same, the name of the Petitioner along with other five individuals were shown to be included. It is pertinent to mention herein that as

per the Letter dated 23rd June, 2015 the Respondent No. 2 informed the Petitioner that her name was not included in the list awards,

however as per the information given by the said Respondent to the Deputy Secretary, Meghalaya Legislative Assembly, Shillong

says otherwise. The wrong information given by the Respondent No. 2 is highly illegal and requires to be declared as unconstitutional.

The act and action of the Respondent No. 2 requires to be investigated by the independent agency to find out the actual motive of the

Respondent No. 2 for misleading the Government agencies and the Petitioner and also to direct the Respondent No. 2 to accept the

Petition dated 27.10.2015 and thereafter to refer the matter to the Reference Court. Hence this Petition"".

Learned counsel for the petitioner submits that petitioner''s land had been acquired by the State Government but till date petitioner has not

received the compensation and when the petitioner approached the Deputy Commissioner, Ri-Bhoi District, Nongpoh, the said Deputy

Commissioner refused to accept the letter.

Deputy Commissioner, Ri-Bhoi District, Nongpoh is directed to act according to the Land Acquisition Act and do the needful accordingly.

With this observation and direction, the matter is allowed and stands disposed of.