PHILAMON NONGBET Vs. UNION OF INDIA

JUDGEMENT

(1.) What could be gathered from the averments made in this petition is that the petitioner is the owner of a plot of land at Lum Umpih, Umsning, Ri-Bhoi District and the adjacent land was owned by her sister Smti. Sainara Nongbet.

(2.) The petitioner has also stated that she has since developed her land with the construction of an Assam type 2 BHK cottage, a swimming pool and a proper farm which consists of a fishery, cow sheds, poultry, piggery as well as a duck and swan pond amongst others.

(3.) For the purpose of construction of a 4(four) lane Umsning bypass on the Shillong-Guwahati highway, the respondent No. 4 (District Collector) had initiated land acquisition proceedings under the Land Acquisition Act, 1894 during the year 2010. In the process, the land of the petitioner's sister was acquired, while the land of the petitioner which was adjacent was not acquired. However, in the declaration under Sec. 6 of the said Land Acquisition Act, dtd. 25/2/2014 issued by the Deputy Secretary to the Government of Meghalaya, Revenue and Disaster Management Department, the name of the petitioner appeared at serial No. 63, 66, 67, and 69, which is actually the land belonging to Smti. Sainara Nongbet. Smti Sainara Nongbet has accordingly clarified this fact by way of a letter addressed to the Deputy Commissioner, Ri-Bhoi District dtd. 6/5/2014 and eventually, the land compensation award for the said plots mentioned above was received by the said Smti Sainara Nongbet.