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2017 DIGILAW 28 (MEG)

Birit Nongrum v. State of Meghalaya

2017-05-04

S.R.SEN

body2017
JUDGMENT : S.R. Sen, J. Heard Mr. S. Dey, learned counsel for the petitioner, Mr. K.P. Bhattacharjee, learned State counsel for the State respondents as well as Mr. N. Mozika, learned counsel for the respondent No. 5 & 6. 2. The petitioner's case in a nutshell is that: "The Petitioner is the absolute owner of a plot of land measuring about 110407 Sq. feet's (more or less) situated at 'Umsaitprah' (Umden) Plot No. 101 under rural area, Ri-Bhoi District, Meghalaya. The Petitioner was enjoying and holding the possession of the said plot of land (Plot No. 101) till the said plot was acquired by the Deputy Commissioner, Ri-Bhoi District, Meghalaya (Respondent No. 2) for extension of the Umroi Airport, Ri-Bhoi District, Meghalaya. It is to mention herein that 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 and laws laid down in the Land Acquisition Act and moreover the Petitioner has constructed a three storage building on the said land prior to the survey of 2011. For the up gradation and expansion of Umroi Airport additional lands were required, accordingly the area and location additional land required for up gradation of the said Airport was intimated to the State Government. Thereafter, the State Government through the Collector, Ri-Bhoi District initiated land acquisition proceedings. The Extra Assistant Commissioner (Revenue) Ri-Bhoi, Nongpoh on 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 owners to be present along with him who were affected by the acquisition of Airport. The Respondent No. 2 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/ up gradation 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 said Notice dated 11.10.2012 issued by the Deputy Commissioner, Ri-Bhoi District, Nongpoh the name of the Petitioner was placed in serial number 17. The Petitioner being the land owner of Plot No. 101, on 18th October 2012 submitted all the relevant documents to the Extra Assistant Commissioner (Rev), Ri-Bhoi District, Nongpoh, Shri R. Kharbihkhiew, MCS in his Office, with an expectation that the Respondents will pay compensation to the Petitioner as per the Land Acquisition Act, however till date the Respondents did not pay the compensation for acquiring her land (Plot No. 101) and the building standing therein. On 15.09.2014 the Petitioner along with other land owners informed the Respondent No. 2 that the land owners agreed to give their respective land to the authority for expansion and up gradation of the Umroi Airport; it was also informed that as per the earlier decision Government was required to complete the payments of land compensation within one month. The Petitioner received order dated 27th July 2015 under Section 3 of the Meghalaya Public Premises (Eviction of Unauthorised Occupants) Act, 1980 issued by the Respondent No. 2. The Petitioner was directed to appear in person before the Respondent No.2 on 4th August 2015 at 11 am to show cause as to why the structure wherein she is currently occupied shall not be treated as an illegal encroachment, as per the said direction the Petitioner submitted her written reply. 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. 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 12th October 2015 from the Respondent No. 2. The Respondent No.2 issued notice vide Office Order No. DCRB (LA) 7/2007/Pt-III/274/975 dated Nongpoh, the 15th October 2015 to the Petitioner and 5 others, as per the said notice it was informed that 24 (twenty four) hours time was given to them to vacate the buildings/structure located at the proposed Isolation bay & Umden Mission which fall under the expansion of the Umroi Airport. As per the said notice it was directed to abide by the time given and failing to do so would invite forceful demolition of the building. It is pertinent to mention herein that the Petitioner was not paid the compensation for her land and the building which she has constructed prior to the survey of 2001, the action of the Respondent No. 2 was illegal and unconstitutional. The land of the Petitioner was forcefully taken away by the said Respondent without following the due process of law. As per the order of this Hon'ble Court the Respondents demolished the Petitioner's building however compensation was not paid to her till date by the Respondents, but an objection was lodged vide Petition dated 16.10.2015 to the Respondent No. 2 against the action of the Respondents, however the same was received by the Additional Deputy Commissioner, Ri-Bhoi, Nongpoh, Meghalaya, and the copy of the same was also given to the Chief Judicial Magistrate, Nongpoh, Ri-Bhoi by the Petitioner. On 26.10.2015 the Petitioner approached the Respondent No. 2 and submitted a letter dated 26.10.2015 but after going through the content of the said letter, the said Respondent returned back the same to the Petitioner without citing any reason. It is to mention herein that as per the said letter request was made to the said Respondent to refer the matter of the Petitioner to the Reference Court since her land was acquired for the expansion and up gradation of the Umroi Airport without paying her compensation and hence there was a dispute. The Respondent No. 2 submitted a copy of the information to the Deputy Secretary, Meghalaya Legislative Assembly, Shillong on the meeting held on the 6th November 2015. 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 in the list of awards. Hence this petition". 3. 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. Hence this petition". 3. 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. 4. Deputy Commissioner, Ri-Bhoi District, Nongpoh is directed to act according to the Land Acquisition Act and do the needful accordingly. 5. With this observation and direction, the matter is allowed and stands disposed of.