UMSAW KHWAN VILLAGE DORBAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application made under Article 227 of the Constitution of India read with the provisions of Rule 36-A of the Rules of Administration of Justice and Police in the Khasi and Jaintia Hills, 1937, the applicants being aggrieved with the order dtd. 15/6/2023 passed by the learned District Judge/Additional Deputy Commissioner (Judicial), Ri-Bhoi District, Nongpoh in Misc. Case No. 2 of 2022 connected to RFA No. 1 of 2022.

(2.) In the application, what is stated is that the genesis of the case between the parties dates back to the filing of a plaint by the Plaintiff/State of Meghalaya being Money Suit No. 8 of 2014 praying for a decree for realization of rupees eight crores with compound interest @ 12% per annum, the same being directed at the applicants herein as defendants. The basis being that a parcel of land measuring about 9,24,441.10 sq. m. situated at Mawpalai village was acquired by the Government under the Land Acquisition Act, 1894, the total amount of compensation coming to rupees ten crores, an initial amount of eight crores of which was paid to the Umsawkhwan Village through its Headman and the applicant No. 2 herein as the power of Attorney holder, after which the Government in the Forest Department has taken over the land on 21/6/2011.

(3.) The applicant seeking to demand the balance amount of rupees two crores which was not paid to them, had then filed a writ petition before this Court (the then Shillong Bench of the Gauhati High Court) being W.P.(C) No. 275 of 2012 with a prayer that the said sum be paid to them. However, the Government of Meghalaya, on receipt of notice has instead decided to annul the entire land acquisition proceedings which then prompted the applicants to file another writ petition before this Court being W.P.(C) No. 299 of 2012. This petition was disposed of vide order dtd. 17/2/2014, holding inter alia, that the Government may file a suit for recovery of the said rupees eight crores and in the meantime, the balance sum of rupees two crores is to be paid within four months from the date of receipt of the judgment and order along with interest @ 9% and thereafter @12 % for each delay.