PRADYUMNA NARAYAN CHOWDHURY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioners have approached this Court under Article 226 of the Constitution of India seeking writ of Certiorari and/or Mandamus. Petitioner No.1 is the son of late Indro Narayan Chowdhury whereas petitioner No. 2 is the wife of petitioner No. 1.

(2.) It has been claimed that the father of the petitioner No.1 was owner and in possession of several plots of land under Lakhipur Estate of Assam since the time of independence. After creation of State of Meghalaya in 1972, some part of Goalpara district was included in the State of Meghalaya. According to the petitioners, the land of the father of the petitioner No.1 fell in the State of Meghalaya and the Government of Meghalaya and Garo Hills Autonomous District Council had issued patta in favour of Father of petitioner No.1. After the demise of the father of petitioner No. 1, the family members inherited the land in question by way of inheritance.

(3.) It has been averred in the writ petition that the respondent-State has issued a Notification for acquisition of land measuring 15 Bigha 2 Katha 12 Lechas (20765.76 Sqm.) for setting up of Facilitation Centre for Entry and Exit Points for Medhipara Village under West Garo Hills. According to the petitioners, out of the aforesaid land, the petitioners are owner of 02 Bigha 00 Katha 01 Lechas (2689.30 square meters) which is sought to be acquired under the provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.