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Judgment
Two reports have been filed by the State pursuant to the previous directions. One of the reports reveals the physical survey of the entirety of the land.
At paragraph 4 of such report, it is indicated that the total area of land which is submerged as a result of the dam being constructed is 1,22,973.47 square metre. The State seeks to suggest that the entirety of such land is covered by an agreement of May 5, 2007 by which the Khyrim Syiemship donated the land for the purpose of the dam upon obtaining the same from one Smti. Sumarmon Lyngdoh Nongbri.
However, the agreement of May 5, 2007 does not indicate the extent of the land. Instead, the agreement refers to a map appended thereto to cover the extent of the land donated thereby.
The physical survey that has been conducted refers to 24 plots in all, about 11 of them belonging to Sumarmon Nongbri. However, the map at the last page of the survey report indicates areas which do not appear to be covered by the area indicated in the map appended to the agreement of May 5, 2007. Indeed, in the survey map, the land of Sumarmon Nongbri has been indicated beyond the 24 plots which have been surveyed and which are said to be submerged as a result of the construction of the dam.
A second report has been filed appending drone photographs of the area. If there is any future dispute, since the photographs have been taken during peak monsoon season, such photographs along with the survey map would indicate the extent of the land which has been submerged upon the construction of the dam.
What is evident is that the petitioners other than Sumarmon Nongbri may not have donated any land for the purpose of the construction of the dam; while it is the admitted position, on the basis of the survey report, that at least 13 plots not belonging to Sumarmon Nongbri remain submerged. That would imply that the relevant plot-owners have lost use of the land covered by the submerged area. Even Sumarmon Nongbri may be entitled to compensation for the area of land belonging to her which has now been submerged other than the area indicated in the map appended to the agreement of May 5, 2007.
Prima facie, the petitioners or a substantial number of them appear to be justified in their claim and the State appears to be liable to compensate the petitioners for their plots of land having been lost to them as a result of the construction of the dam and such plots going under water.
Since the State seeks a fortnight’s time to report, let the matter appear three weeks hence when the State should indicate the mode and manner of compensation that the petitioners would be entitled to and the time-frame within which the exercise would be completed.
List on September 14, 2023.