KHILJI MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Petitioners seeks direction so as to command the respondent No. 2 Collector to deposit the compensation amount of the disputed land, in the court of Special judicial Officer who will determine as to whom same is payable.

(2.) The admitted position as emerged from the respective pleadings is that a huge patch of land has been acquired for extension of Baljek Airport. A notification dated 31.01.2012 has been issued, petitioners have filed the objections therein that their land has been acquired but their names have not been included therein. Award has been passed however, the amount of compensation viz-a-viz disputed land has not been released which position is also admitted by the Collector respondent No. 2 in his affidavit-inopposition, stating therein, that all other beneficiaries have already received their compensation, the petitioners have not been paid the compensation because the amount of compensation will be released to the eligible Nokma as and when Nokmaship is decided by the court of the Chief Executive Member, Garo Hills Autonomous District Council, Tura. It is also admitted by the Collector that in view of the same position, he did not deem it necessary to refer the matter to the court under Sec. 18 of the Land Acquisition Act.

(3.) When the acquisition proceedings are initiated and concluded under the Land Acquisition Act, the objections raised regarding payment of compensation, in terms of Sec. 18 of the Land Acquisition Act, 1894 have to be referred to the court. When application under Sec. 18 has been made before the Collector within the prescribed period of limitation then, the Collector, in terms of Sec. 19 has to prepare a statement and make a reference to the court. The court means the principal Civil Court of original jurisdiction unless the appropriate Government appoints a Special Judicial Officer within specified local limits to perform the function of the court under the Act as is clear from Sec. 3(d) of the Act. According to learned counsel for the parties, Government has empowered, the Special Judicial Officer in Tura as court for the purposes of the Act, therefore, learned Collector would in tune with Sections 18 and 19 of the Act had to refer the matter to the court i.e., to the Special Judicial Officer, Tura, that course is still open to be carried into effect.