UNION OF INDIA Vs. KA HELIMON DIENGDOH

JUDGEMENT

(1.) Heard Mr. P. Dey, learned Additional Central Govt Standing Counsel for the appellant, Mr. TT Diengdoh, learned counsel for the respondent No.1 and Mr.S.Dutta, learned counsel for the respondent No.2.

(2.) An area measuring about 93 acres located at Spread Eagle Falls in Shillong was acquired by the Govt on behalf of Defence Ministry, Govt of India and a Notification No.RLA.43 5/67/15 dated 10.10.69 was published on 15.10.69 in the Meghalaya Gazette under section 4 (1) of the Land Acquisition Act, 1894, (in short the Act). Subsequently a declaration under section 6 of the Act was issued vide No.RLA435/67/40 and published on 10.3.1971. After completing with the acquisition proceeding, the Collector/Deputy Commissioner, Shillong awarded a compensation of Rs.23,71,097.60 (Rupees twenty three lakhs seventy one thousand ninety seven and paise sixty) only in favour of Sri AS Khongphai. However, an objection was raised by the third party viz, Mrs Krisibon Kharakongor and Mrs Dallisnora Rumnong with regard to the ownership ofthe land, who prayed for treating them as a person interested in the said land. The matter was referred to the Reference Court under section 30 of the Act for deciding as to the persons who are entitled to the awarded amount. Simultaneously a petition under section 18 of the Act was submitted to the Collector, Shillong for referring the matter to the Court to decide the quantum of compensation to which the claimants are entitled to receive in accordance with the Act.

(3.) The matter with regard to the reference under section 30 of the Act went up to this Court and finally the parties settled the matter amicably and filed a compromise petition before this Court. On the basis of the said compromise petition, the appeal being FA.No.1 (SH) of 1994 was disposed of by this Court by judgment dated 28.5.98 in terms of the said compromise petition. Accordingly, the said Mrs Krisibon Kharakongor was added as claimant/ respondent to this appeal.