LAWS(MEGH)-2019-3-18

MARY D. MARAK Vs. STATE OF MEGHALAYA

Decided On March 14, 2019
Mary D. Marak Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) Admitted position as emerged from the respective submissions of learned counsel for the parties and also from the record is that land, structure and trees were required to be acquired in connection with expansion of national highway. Notice under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "LA Act") was issued thereafter under Section 5 of the LA Act followed by declaration Under Section 6 of the LA Act was issued.

(2.) Admittedly petitioners name did not appear in the notice under Sections 4 and 5 or even declaration under Section 6 of the LA Act.

(3.) Notice under Section 9 of the LA Act was issued separately to all the four petitioners on 09.07.2013 in response whereof, all the four petitioners on the same day submitted a representation to the Deputy Commissioner (Revenue), East Garo Hills, Williamnagar. Subsequently, preliminary award under Section 11 and final award under Section 12 of the LA Act was published wherein, name of the petitioners did not figure.