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Meghalaya High Court · body

2019 DIGILAW 16 (MEG)

Khilji Marak v. State of Meghalaya

2019-02-12

MOHAMMAD YAQOOB MIR

body2019
JUDGMENT : 1. Petitioners seeks direction so as to command the respondent No. 2 Collector to deposit the compensation amount of the disputed land, in the court of Special judicial Officer who will determine as to whom same is payable. 2. The admitted position as emerged from the respective pleadings is that a huge patch of land has been acquired for extension of Baljek Airport. A notification dated 31.01.2012 has been issued, petitioners have filed the objections therein that their land has been acquired but their names have not been included therein. Award has been passed however, the amount of compensation viz-a-viz disputed land has not been released which position is also admitted by the Collector respondent No. 2 in his affidavit-in-opposition, stating therein, that all other beneficiaries have already received their compensation, the petitioners have not been paid the compensation because the amount of compensation will be released to the eligible Nokma as and when Nokmaship is decided by the court of the Chief Executive Member, Garo Hills Autonomous District Council, Tura. It is also admitted by the Collector that in view of the same position, he did not deem it necessary to refer the matter to the court under Section 18 of the Land Acquisition Act. 3. When the acquisition proceedings are initiated and concluded under the Land Acquisition Act, the objections raised regarding payment of compensation, in terms of Section 18 of the Land Acquisition Act, 1894 have to be referred to the court. When application under Section 18 has been made before the Collector within the prescribed period of limitation then, the Collector, in terms of Section 19 has to prepare a statement and make a reference to the court. The court means the principal Civil Court of original jurisdiction unless the appropriate Government appoints a Special Judicial Officer within specified local limits to perform the function of the court under the Act as is clear from Section 3(d) of the Act. According to learned counsel for the parties, Government has empowered, the Special Judicial Officer in Tura as court for the purposes of the Act, therefore, learned Collector would in tune with Sections 18 and 19 of the Act had to refer the matter to the court i.e., to the Special Judicial Officer, Tura, that course is still open to be carried into effect. 4. 4. The objections raised by the learned counsel for Garo Hills Autonomous District Council, Tura is that the question of title was pending for determination before the Chief Executive Member, G.H.A.D.C., now is pending before the Executive Officer, I/c Land and Revenue, Tura. This situation is also known to the Collector, therefore, Collector as enjoined subject to the satisfaction of the conditions under Section 18 required to make the reference and thereafter, it is for the court (Special Judicial Officer, Tura) to decide the matter after hearing both the parties. In the process, the position of the dispute pertaining to Nokmaship pending determination before the Executive Member, G.H.A.D.C. to be taken note of by the said Special Judicial Officer. 5. The prayer for deposit of the amount of compensation pertaining to disputed land which has not been released, the Collector is required to follow the provisions of the Land Acquisition Act, 1894. 6. For the stated reasons and position of the Land Acquisition Act, 1894, this petition is disposed of with a direction to respondent No. 2 Collector to consider the application of the petitioners made for reference under Section 18 of the Land Acquisition Act, 1894, and to take appropriate measures which include reference to the court (Special Judicial Officer) as shall be permissible and also to take necessary measures, if reference is made, for deposit of the amount of compensation with the court i.e., Special Judicial Officer, Tura. This exercise shall be undertaken and completed within a period of three weeks. 7. This petition is accordingly disposed of. 8. Copy of this judgment be sent to the Collector respondent No. 2 for compliance.