NADURIAN LYTAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner's case in a nutshell is that:

(2.) MR . P. Nongbri, learned counsel appeared on behalf of the petitioner and submits that, the petitioner has two plots of land. Both the lands were used by the Government for construction of Jowai Bye -Pass. For one plot of land, compensation has already been paid and for the other plot of land no compensation has been paid till date. As a result, the petitioner had made a request to the Deputy Commissioner, West Jaintia Hills District, Jowai for a joint inspection and accordingly, the same was done. Letter dated 21.02.2014 written by the Addl. Deputy Commissioner, West Jaintia Hills District, Jowai addressed to the Executive Engineer PWD (Roads) Jowai Central Division, Jowai which is at Annexure -6 page 19 was brought to my notice and a prayer was made that, necessary directions may be issued. For easy reference, Annexure -6 page 19 is reproduced herein as under:

(3.) AFTER hearing the submissions advanced by the learned counsel for the parties, I find that, both the submissions are contradictory to each other and from the letter dated 21.02.2014 (Annexure -6 page 19) it is clear that the claims of both the landowners are true and that their land has already been utilized without their receipt of compensation. Under these peculiar circumstances, I direct the Deputy Commissioner, West Jaintia Hills District, Jowai as well as the Executive Engineer PWD (Roads) Jowai Central Division, Jowai and the petitioner to go for a joint inspection and to find the actual position and if any compensation is left out, that to be paid to the petitioner in accordance with the rules and laws. Let this joint inspection be completed within 2(two) months from the date of receipt of the certified copy of this judgment and order.