LAWS(GAU)-2022-11-70

GENERAL MANAGER Vs. SIDDARTHA

Decided On November 09, 2022
GENERAL MANAGER Appellant
V/S
Siddartha Respondents

JUDGEMENT

(1.) Heard Mr. A.H. Borbhuiya, learned counsel appearing for the appellants. Also heard Mr. Joseph L. Renthlei, learned counsel appearing for the respondent Nos. 1 to 3 and Ms. Zairemsangpuii, learned CGC for respondent Nos. 4 and 5 and Ms. H. Lalmal-sawmi, learned counsel for respondent Nos. 6 to 9.

(2.) On the request of the Home Ministry, the appropriate Government issued a Notification under Sec. 4 of the Land Acquisition Act, 1894 on 3/5/2012 and in pursuant thereto the lands of the three private respondents, (Respondent Nos. 1 to 3) were acquired for construction of 17 Border Outpost and fencing. Necessary surveys were conducted by the stakeholders including the 96th Battalion of BSF, who were then in charge of protecting the border between India and Bangladesh. In the process, the land of the respondent Nos. 1 to 3 were acquired and the Award No. 2/2013 was notified along with the compensation amount to be given to the land owners. However, when the Border posts and fencing were constructed, the lands of the private respondents were not utilized but kept outside the Border fence. Therefore, the appellants refused to give them the compensation as awarded. Being aggrieved, the three respondents came before this High Court by filing WP(C) No. 161/2015 claiming for payment of compensation. The appellants herein who were also among the respondents in the writ petition, opposed the claims of the respondents stating that the lands of the respondents were not used for construction of the Border post, therefore, there is no reason to pay compensation to them.

(3.) However, after hearing the parties, the learned Single Judge disposed the writ petition with the Order dtd. 24/10/2016 allowing the claim of the writ petitioners (the respondent Nos. 1, 2 and 3 in this appeal). The relevant portions of the Order dt. 24/10/2016 are reproduced herein below: