BENISH MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The pleaded case of the petitioner is that her land situated at West Garo Hills, Tura was occupied by the respondent State for the purpose of construction of Medium Irrigation Project in the year 1989 without any acquisition proceeding nor any compensation being paid. Being aggrieved thereby the writ petitioner approached this Court by way of WP(C) No. 236 (SH) 2001 for a direction to the respondent State to make a reference under Section 18 of the Land Acquisition Act, 1894 to the Special Judicial Officer, Shillong. This Court by the order dated 19.11.2001 disposed of the said writ petition by directing the Collector, West Garo Hills, Tura to make a reference under Section 18 of the Land Acquisition Act, 1894 to the Special Judicial Officer, Shillong. The learned Special Judicial Officer at Shillong thereafter, vide order dated 20.08.2004 disposed of the matter, however, by observing that the issues regarding the damage caused during the preliminary notification period needed to be adjudicated by a competent Civil Court. The petitioner then filed a Damage Suit before the Court of Additional Deputy Commissioner, Tura, and the same was numbered as Damage Suit No. 2 of 2006.

(2.) Thereafter, after separation of the Executive from the Judiciary the said Suit was transferred to the Court of Assistant to Deputy Commissioner, West Garo Hills, Tura. Vide Judgment and Order dated 12.03.2018, the Court of Assistant to Deputy Commissioner, West Garo Hills, Tura dismissed the Suit by holding that the only forum for adjudication of these issues was within the ambit of a forum established under the Land Acquisition Act, 1894 and not a Civil Court. The petitioner being aggrieved thereby is before this Court by way of the instant revision application under Rule 35 of the Administration of Justice and Police in the Garo Hills District, 1937 (hereinafter referred to as the 'Rules ') read with Article 227 of the Constitution of India.

(3.) Heard learned counsel for the parties.