PHLORIDA KHARSHIING Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner is before this Court by way of the instant writ petition with a grievance that the state respondents without acquiring her land/property, has started construction of a road which was to be implemented under the MGNREGS Scheme. The petitioner's case is that the illegal action of the respondent authority has resulted in her being deprived of her own private land without due process of law such as proceedings under the Land Acquisition Act taken up.

(2.) The state respondents by an affidavit have indicated that the petitioner had represented her unwillingness to part with the said portion of land unless duly compensated, and had further raised objections with the BDO and before the concerned Dorbar Shnong. It is further adverted in the affidavit that in view of this situation, it was resolved that the project be shifted so that the same may not be stalled. As such, in pursuance thereof, it appears that a new site was identified and technical report was prepared and the said road was shifted so as not to affect the land of the petitioner.

(3.) Mr. R.Jha, learned counsel for the petitioner submits that the road construction, though stopped, has affected the petitioner's land adversely for which even if the project is abandoned, so far as the portion of the petitioner's land is concerned, would entitle the petitioner to suitable compensation. He further submits that since this situation cannot be agitated under the 'Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013', the petitioner was compelled to come before this Court.