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Judgment
Heard Mr. H.L.Shangreiso, learned counsel for the petitioners as well as Mr. K.P.Bhattacharjee, learned State counsel for the respondents.
The petitioner''s case in a nutshell is that:
The brief fact of the case is that the writ petitioners are the bona fide owners of the plot of land situated in Village Nongkrem,
Laitlynkot (Nongkynrih) East Khasi Hills District, Meghalaya and their source of livelihood is purely derived from cultivation on the
above land. It came to the notice of the writ petitioners in 2011 that the respondent state through the respondent Department of
Public Health and Engineering, (PHE), Government of Meghalaya had decided to launch a public project namely ""Wahtyngngai
Combined Water Supply Schemed (RCC Dam)"" for supplying water and in order to implement the above project, the respondent
had decided to take the lands of the writ petitioners. Surprisingly, without any notice, the respondent state interred into the above land
and conducted the survey therein and prepared the draft section 4 Notification of the Land Acquisition Act, 1894 in 2011. The said
draft section 4 notification was made available to the writ petitioners by the respondent state in 2011 itself. On perusal of the draft
notification, it is evident that the respondent authorities had identified the above land measuring about 121781.26 Sq.mts. i.e. 30.29
acres of land more or less for constructing the dam to implement the water project.
Without informing the writ petitioners, the said land had been taken over by the respondent PHE and started construction of the RCC
Dam in the downstream of the river from 2011. Due to objection by the writ petitioners including public against the forcible
occupation as well as raising of water level in the river which has seriously affected the cultivation of the writ petitioners, the
respondent Superintending Engineer (PHE) vide letter dated 18.10.2011 in pursuance to the respondent Additional Director of
Survey, Government of Meghalaya asked them to be present at the site during joint inspection. Accordingly, the writ petitioners were
present therein and raised strong objection against the illegal encroachment without compensation. Report of the joint inspection is
also not provided to them.
In view of local sensitivity on the matter, the local authority i.e. Nongkrem Durbar Pyllun, Khyrim Syiemship has sought to intervene
for and on behalf of the writ petitioners from 2012 and accordingly submitted the representation dated 25.09.2013, 17.02.2014,
13.11.2014 and 03.11.2015 to the respondent Chief Engineer, PHE and Chief Secretary apart from meeting with the Hon''ble
Minister concerned. But, since no positive result has been forthcoming, the above Nongkrem Durbar Pyllun in December, 2015 lastly
informed the writ petitioners to pursue the matter by themselves collectively. Thereafter, they collectively convened the joint meeting
in December, 2015 and immediately approached the lawyer in the last part of December, 2015 and in pursuance to the advice of the
lawyer in the month of January, 2016, they authorized the petitioner No. 7 to seek certain information from the respondent district
collector, East Khasi Hills District, Meghalaya and accordingly, the writ petitioner No. 7 for himself and on their behalf, has filed
application dated 29.02.2016 under the Right to Information Act, 2005 and the Public Information Officer (PIO) has given its reply
on dated 14.03.2016 by informing them that the above water project is yet to implement by the respondent state and as such, no
notifications under the land acquisition act has been issued till date.
Therefore, the above reply has shocked the conscience of the writ petitioners as to how and under what provisions of law, the
respondent Pubic Health Engineering Department, has forcibly taken over their land from 2011. The construction of the dam to
implement the project is still going and yet the respondent state is least bothered to follow the due process of law till date. The above
action of the respondent''s forcible encroachment and occupation of the above land of the writ petitioners per se is highly
irresponsible, arbitrary and unconstitutional. Thus writ petitioners who are the aged and some of them are admittedly senior citizens
has been deprived from their land resulting to blatant violation of their constitutional/legal rights to property as guaranteed under
Article 300-A of the Constitution of India. Under the above circumstances, the writ petitioner with folded hands has filed this writ
petition before this Hon''ble Court under Article 226 of the Constitution of India to please direct the respondents state to acquire the
above occupied land under the provisions of The Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 and pay the suitable compensation within a reasonable time frame preferably 4(four) months and/ or
direct the respondent state to return the possession of the above occupied land to the writ petitioners and further pay reasonable
compensation for damages and pass any other order/orders as your Lordship for an appropriate remedy as Your Lordship may be
deemed fit and proper.
Mr. H.L.Shangreiso, learned counsel for the petitioners submits that due to heavy rainfall in Nongkrem Laitlyngkot Village, East Khasi Hills, the
land of the petitioners have eroded, so necessary direction may be given to the respondents to provide compensation.
Heard also Mr. K.P.Bhattacharjee, learned State counsel for the respondents.
After hearing both the learned counsels, I am of the considered view that the matter is too premature to give any direction. Let the petitioners
make a representation before the concerned Deputy Commissioner stating all the facts and learned Deputy Commissioner of the concerned district
is hereby directed to look into the grievance or to settle the matter within one month from the date of receipt of the representation.
With this observation and direction, the instant writ petition is allowed to that extent and stands disposed of.