CREAMSON WAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The case of the petitioner in brief is that the respondent No. 5 in the course of construction of the Umsning by-pass, dumped a huge amount of earth and debris into the land of the petitioner, which resulted in the loss of two perennial water sources apart from making the land unfit for cultivation and has also destroyed the fishery ponds, poultry farm and piggery sheds situated on the land. Further case is that despite repeated complaints before the respondents No. 4 and 5 regarding their grievances, though some steps were taken by the respondent No. 5 to restore the two water sources, the same was wholly inadequate and the petitioner is facing mounting problems and inconvenience because of the dirt and debris that is still present in his land and has suffered great loss in this regard.

(2.) The petitioner apart from several complaints both verbal and written had addressed a legal notice to the respondents No. 4 and 5 and in the reply dated 24th July 2018, of the Deputy Commissioner, Ri Bhoi District (Annexure- 13) to the writ petition, it is seen that, the revenue officials from the Deputy Commissioners office along with officials of the respondent No. 5 and the land owner had inspected the site and found that the complaint was genuine.

(3.) Heard Mr. G.S. Massar, learned Sr. counsel assisted by Ms. L. Phawa, learned counsel for the petitioner. Mr. N.D. Chullai, learned AAG assisted by Ms. R. Colney, learned GA for the respondent No. 2 to 4 and Capt. Pradip Kumar, learned counsel assisted by Capt. C.R. Deka, learned counsel for the respondent No. 5.