CH. MENAISHIM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. Bisheshwori, learned counsel appearing for the petitioner and Mr. S. Samarjeet, learned CGC appearing for the respondents.

(2.) Prayer in the writ petition reads as follows :

(3.) Writ petition has been filed praying for a direction to the respondents for the payment of land acquisition under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The 26th Sector Assam Rifles has occupied a forest land of the petitioner's village Kambang Khunou with is also known as Tolaibung forest and measuring about 10 (ten) hectres areas since October, 2006 without payment of compensation therefrom At present the security personnel of the 26th Assam Rifles have construct4ed 10 (ten) nos. of residential houses by roofing GI-Sheets thereby committed mischief and damages over the land and the standing trees etc. As such, the Right to Property guaranteed under Art. 330A and 21 of the Constitution of India stands nullified. The villagers have submitted a series of representation praying before the concerned authority for the payment of due compensation for the occupation over their land. However, the respondents have failed to take any steps. In fact, at the relevant time of occupation the Land Acquisition Act, 1894 was in operation. However, during the pendency of the said Act was repealed and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force since January, 2014. Hence, this writ petition so as to extend the benefit of the said Act of 2013.