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Meghalaya High Court · body

2022 DIGILAW 239 (MEG)

Gudhuli Sohpdang v. State of Meghalaya

2022-09-06

H.S.THANGKHIEW

body2022
JUDGMENT 1. The writ petitioner is before this Court seeking release of the land compensation amounting to Rs. 9,06,047/-. The grievance as made out in the writ petition is that, there is no clear indication as to where the said compensation amount is lying or the authority who is to release the same to the petitioner. 2. Mr. K. Paul, learned Senior counsel assisted by Ms. B. Kharwanlang, learned counsel for the petitioner submits that the claim for the said compensation was filed before the Court of Special Judicial Officer, Nongpoh, and the same has remained un-answered, in view of the fact that the compensation amount is not with that Court. 3. Mr. S. Sen, learned Senior GA appearing on behalf of the State respondents submits that the entire amount which was awarded for compensation for the petitioner's land and others, has been released since 07.12.2006, by way of Cheque to the Special Judicial Officer, Shillong. The learned Sr. GA has drawn the attention of this Court to Annexure-3 of the affidavit, to substantiate this fact that the amount of Rs. 1.2 Crores has since been deposited, and also to the letter dated 27.07.2012 issued by the Deputy Commissioner, Ri-Bhoi District, Nongpoh, which refers to the LA Case No. 14(B) 2006 and Reference LA Case No. 1(B) 2008 of the petitioner which substantiate the submissions of the learned Sr. GA, that the amount has been deposited on 07.12.2006. As such, he submits that there is no amount lying with the Special Judicial Officer, Nongpoh, and from the records it appears that the said amount is still lying with Special Judicial Officer, Shillong. He further submits that appropriate orders be issued for retrieval of the same and for necessary action to be taken in accordance with law. 4. I have heard the learned counsels for the parties. 5. It appears the land compensation proceedings were initially taken up by the Special Judicial Officer at Shillong, as separation of Executive from Judiciary had not happened in Ri-Bhoi District. The Deputy Commissioner at that relevant point of time therefore, had transmitted the cheque for disbursement to the Court of the Special Judicial Officer, Shillong. 5. It appears the land compensation proceedings were initially taken up by the Special Judicial Officer at Shillong, as separation of Executive from Judiciary had not happened in Ri-Bhoi District. The Deputy Commissioner at that relevant point of time therefore, had transmitted the cheque for disbursement to the Court of the Special Judicial Officer, Shillong. Thereafter, it appears as the Court of the Special Judicial Officer, Nongpoh was established, and as the matter pertaining to acquisition of land in these areas came under its jurisdiction, the same was transferred to the Special Judicial Officer, Nongpoh. The only issue that remains in the present matter is to trace out and ascertain as to where the land compensation amount of the petitioner is lying, in order that the claim petition can proceed and be disposed of in accordance with law. 6. From the materials as produced on affidavit by the State respondents, it is clear that the awarded amount for compensation of the land acquired for the 4-laning from Khanapara to Jorabad, wherein the property of the petitioner is situated, more specifically Baridua, Raid Marwet has since been released by Cheque on 07.12.2006 and the same was deposited before the Court of the Special Judicial Officer, Shillong. It follows therefore, the amount should be still lying with the concerned Court, if not already disbursed. 7. As the Special Judicial Officer, Shillong is not a party to the instant proceedings, the Collector, Ri-Bhoi District Nongpoh is therefore under orders of this Court, directed to cause a communication to the Court of the Special Judicial Officer, Shillong with all the materials which shall be furnished by the petitioner, including the transaction dates, in order to trace out the said amount and retrieve the same for transfer to the Court of the Special Judicial Officer, Nongpoh, for settlement of the claim of the petitioner. 8. The petitioner is directed to place the said representation before the Collector, Ri-Bhoi District, Nongpoh within 1(one) week, who on receipt thereof shall transmit the same to the Court of the Special Judicial Officer, Shillong, for necessary compliance. 9. With the above noted directions, the writ petition is accordingly disposed of.