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2019 DIGILAW 63 (MEG)

Grebingstone Sangma v. State of Meghalaya

2019-03-07

H.S.THANGKHIEW

body2019
JUDGMENT : Heard learned counsel for the parties. 1. The brief facts of the case are, that the land of the writ petitioner was acquired by the Government in the year 2009 for the purpose of construction of railway line from Dudhnoi to Mendipathar. The writ petitioner had received compensation which however, he deemed was inadequate, and being aggrieved thereby, as also to the manner of assessment and non receipt of details as to how the Award was arrived at, had approached this Court by way of a writ application which was numbered as WP(C) No. 304 of 2013. 2. The said WP(C) No. 304 of 2013 was disposed of by order dated 25.10.2013, with the observation that the writ petitioner shall be at liberty to move an application before the Deputy Commissioner, East Garo Hills District, Williamnagar who would examine the same in accordance with law and may make a reference to the authority concerned under the Land Acquisition Act, 1894. 3. The learned counsel for the petitioner submits that thereafter the writ petitioner had preferred a representation dated 15.03.2016 addressed to the Deputy Commissioner, East Garo Hills District, Williamnagar with a prayer for reference under Section 18 of the LA Act 1894 to the Special Judicial Officer for adjudication. The present grievance of the writ petitioner is that the same till date has not been addressed and pending and the present situation is that the representation dated 15.03.2016 remains to be adjudicated. 4. Mr. S. Sen, learned senior GA submits that at this juncture that after filing the application dated 15.03.2016, the writ petitioner had filed an application dated 20.07.2016 (Annexure-3) with a prayer made therein, under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 for assessment of the compensation of the land acquired as per the Act, 2013. However, another subsequent application dated 28th September, 2016, was filed by the writ petitioner whereby the application under Section 64 was sought to be withdrawn. He submitted that this is the cause of delay in the disposal of the representation. 5. Mr. R. Kar, learned counsel for the petitioner then submits at the Bar that these applications no longer stand having been since withdrawn, and as such what remains is only the initial representation dated 15.03.2016 to be decided by the Deputy Commissioner, East Garo Hills District, Williamnagar. 6. 5. Mr. R. Kar, learned counsel for the petitioner then submits at the Bar that these applications no longer stand having been since withdrawn, and as such what remains is only the initial representation dated 15.03.2016 to be decided by the Deputy Commissioner, East Garo Hills District, Williamnagar. 6. Having heard the learned counsels for the parties and having considered the materials on record, it is hereby directed, that the Deputy Commissioner, East Garo Hills District, Williamnagar will take up and pass orders on the said representation dated 15.03.2016 on the question of reference to the Special Judicial Officer. The said representation should be disposed of preferably within a period of 3(three) months from the date of receipt of the certified copy of the order. 7. The matter is disposed of. The parties to bear the costs.