SURMAMON NONGBRI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The affidavit of service filed on behalf of the appellants is taken on record.

(2.) The appellants claiming to be the landowners whose land had submerged during the construction of the dam across the River Umiew at Dkong Nongkynrih during the implementation of the Wahtyngngai Combined Water Supply Scheme. It appears that an administrative approval was received on March, 2007 for an amount of 10,90,08,500/- towards construction of the said dam. The villages upstream of the dam raised their concern during the rainy season on flooding of cultivable land and it appears that the Executive Engineer, PHE Electrical Division, Mawphlang in his report prepared in February, 2020 has given an opinion that the construction of the dam across the river Umiew at Dkong was taken up at the sloping portion of the river for possible avoidance of the inundation of areas upstream of the dam but on account of heavy rain there was backlash of water impounded against the dam. However, no inundation of cultivable land after 2011 had been reported.

(3.) The writ petitioners did not accept the said report and have claimed that due to the construction of the said dam, there has been inundation of cultivable land and they have lost their land forever.