REBATI MOHAN SHARMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The pleaded case of the petitioner is that a plot of land which originally belonged to the father of the petitioner situated at Machepara, B Mahal, Garo Hills District measuring about 7 bighas was occupied by the then Public Works Department of the then Assam Government in the year 1950, without due process of law being followed, nor compensation paid, or the acquisition process ever being finalized. With the advent of the State of Meghalaya, it is stated that the liabilities for the same stood transferred to the State of Meghalaya and as such it was incumbent upon the respondents to complete the process and pay due compensation to the petitioners.

(2.) I have heard learned counsels for the parties.

(3.) Mr. R. Kar, learned counsel for the petitioner in his submissions has stated that the State respondents have been in unlawful occupation of his land since the time of the erstwhile Assam Government. He submits that the occupation of the said plot was illegal inasmuch as, the same was without the completion of acquisition proceedings which he submits is evident from a communication dated 25.07.1967 (Annexure-1). He therefore, prays that the respondents be directed to pay compensation for the period the land was under their occupation, and also if the land is sought to be acquired, the same is to be done so after following the proper procedure as provided in the Land Acquisition, Rehabilitation and Resettlement Act, 2013.