NIME A. SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This instant Misc. application filed along with the main writ petition is with a prayer for staying the operation of the impugned Section 19 Declaration dated 08.06.2020 under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 issued by the Respondent No. 3, to restrain the respondents particularly respondent No. 16 from proceeding with the widening of NH- 51 and further not to demolish structures, fell trees or destroy crops in the execution of the project during the pendency of the writ petition.

(2.) Mr. H.L. Shangreiso, learned counsel submits that the petitioners are land owners of both agricultural and homestead land on either side of the existing National Highway 51 from Tura to Dalu in West Garo Hills, and that a project is under way to widen the existing road into a double lane. He submits that in spite of a clear finding that the existing single land NH 51 is only 4.57 meters including the paved shoulders and that the required extension is upto 10 meters to make the existing road into two lane which includes the land of the petitioners, the respondents had taken over the same as part of the Right of Way (ROW) without any record or evidence of previous acquisition. Mr. H.L. Shangreiso, learned counsel in this regard had also placed before the Court the report on the description of the project and has also annexed photographs of trees that have been felled and soil being excavated from the site of the project.

(3.) Learned counsel submits that the arbitrary actions of the respondents without proper survey and the destruction of the property and occupation of their land without due process is illegal and has resulted in irreparable loss being caused to the petitioners. As such, he prays that appropriate interim orders be passed to stay the on-going project during the pendency of the writ petition.