CLARINDA MOMIN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution is to direct the respondent authorities to cause an enquiry, spot verification, to pay land compensation and other compensation for the damages caused to the properties of the petitioner i.e. residential house, fruit bearing and valuable trees. Further, to enquire into the matter and re-survey the affected land of the petitioner for the purpose of compensation as per the prevailing market price under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the "Act of 2013").

(2.) It is the case of the petitioner that in connection with the construction of National Highway-44E from Tura to Shillong via Rongjeng, the respondent authorities had taken possession of her land. Further, that out of 5 bighas, 2 bighas of land had been taken possession and acquired by the District Collector, Williamnagar for construction of the said Highway-44E, wherein, she had constructed a residential house by investing huge amount of money and in the process of construction of the said highway, besides residential house certain fruit growing and valuable trees had been totally destroyed/demolished by the respondent authorities. As a result whereof, the petitioner incurred heavy loss in terms of money and till date she has not received any compensation from the Deputy Commissioner, Williamnagar. The petitioner though approached the Deputy Commissioner, Williamnagar on a number of occasions, she was assured that within a short period of time, land compensation would be paid to her but till date the respondent authorities has not paid any compensation to her.

(3.) According to the petitioner due to land acquisition of National Highway-44E, vast area of her land measuring about 2 bighas had been acquired by the Deputy Commissioner, Williamnagar and in the process, number of fruit growing and valuable trees were destroyed and present value of the land per bigha is @Rs. 5 lakhs i.e, Rs. 5 lakhs x 2=Rs. 10 lakhs, estimated amount of the residential house would be approximately Rs. 97,200/- and the cost of trees destroyed about Rs. 50,000/-. The total amount of compensation payable by the respondent authorities was Rs. 11,47,200/- which is yet to be paid to her. The petitioner asserts that she had sent several letters/representations to the respondent No.3 requesting him to issue necessary instructions to include her land measuring 50.00 metres between chainage-99/400 and 99/500 which had been left out in the proposed land acquisition and also to re-evaluate/reassess the left out land after acquiring it including valuable trees. However, the respondent No.3 had failed to reevaluate/reassess compensation for her affected land whereby depriving the legal right of the petitioner. Hence, the present petition has been filed.