LITICIA MOMIN Vs. THE STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. AS Siddiqui, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Mr. KP Bhattacharjee, learned GA appearing for the State respondents.

(2.) TAKING into consideration of the prayer sought for in the present writ petition and also the materials available on record, this writ petition is taken up for disposal at this stage. In the writ petition, the petitioner is assailing the order of the Deputy Commissioner (Revenue), West Garo Hills, Tura dated 30.10.2014 wherein and where -under, the learned Deputy Commissioner (Revenue) West Garo Hills, Tura after, considering the case of the parties and also documentary evidence produced by the parties in support of their case held that the petitioner and others are the encroachers and find it fit to pass an order for eviction of the encroachers under Section 4 of the Meghalaya Public Premises (Eviction of Unauthorized Occupants) Act, 1980. The fact leading to the filing of the present writ petition is briefly noted.

(3.) WRIT appeal had been filed against the judgment and order of the learned Single Judge dated 18.03.2011 for rejecting the writ petition before the Division Bench of the erstwhile Gauhati High Court. The Division Bench of the erstwhile Gauhati High Court vide order dated 07.04.2011 passed in WA No. 99 of 2011 held that the appellants had no right over the land in question (under Plot 'C') even though they may obtained pattas. It is pertinent to mention that the said land having an area of 746 Bighas had already been acquired as early as 1975 but the petitioner by producing the patta issued by the Garo Hills Autonomous District Council (for short 'GHADC') only on 2014 claims that the land under the said patta does not fall within the said area of land i.e. 746 BIghas, which had already been acquired by the State Govt. for constructing of the Office & Residential Complex, Tura. The Division Bench of the erstwhile Gauhati High Court also observed in the judgment and order dated 07.04.2011 passed in WA No. 99 of 2011 that even if the appellants were put in possession of the land in question by the Nokma, they have no right of ownership in view of the acquisition of land under the provisions of the Land Acquisition Act, 1894. The observations and findings made by the Division Bench of the erstwhile Gauhati High Court in the judgment and order dated 07.04.2011 read as follows: -