LAWS(GAU)-2009-6-63

MICHAK SANGMA Vs. STATE OF MEGHALAYA

Decided On June 29, 2009
MICHAK SANGMA Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for directing the state-respondents to : (1) pay compensation for the 210 bighas of his land acquired by them for construction of the road from Rongkhan to Bajmara, (2) pay interest at the rate of 12% per annum from the actual date of taking possession of the said land i.e. 3.11.1990 and (3) quash the notification dated 17.10.2003 and the letters dated 22.9.2004 and dated 26.10.2004 issued in connection therewith.

(2.) Though many facts are pleaded by the petitioner, I will only refer to those facts which are really necessary for determination of the points in controversy. The petitioner is the wife of the late Nawla Marak, who was the Nokma of Arenggre Akhing at the relevant period of time. According to the petitioner, sometime in the year 1990 her husband was approached by some officials of the State-respondents seeking his permission to construct the public road from Bajmara to Rongkhan by assuring him that he would be paid compensation for the land in accordance with the Land Acquisition Act, 1894. Apparently with his permission, the Public Works Department, North Division, Tura started construction of the road and completed the same. It is the case of the petitioner that in the course of construction of the road, some 210 bighas of land belonging to her husband was taken possession of, and was put to public use. But when no compensation was paid to her husband, he filed WP(C) No. 196 (SH) of 1999 before this Court for directing the State-respondent to initiate land acquisition proceeding pertaining to the said land. This Court by the judgment and order dated 2.10.2003 allowed the writ petition and directed the State-respondents to initiate the land acquisition proceeding and complete the entire exercise including payment of the compensation due within three months. After some delay, the State respondents issued the notification under Section 4 of the Land Acquisition Act, 1894 ("the Act" for short), which was followed by the notification under Section 6 showing the area of the land being acquired to be 1.219 hectares or 9 bighas 0 katha and 11 Lessas as against 210 bighas of land alleged to have been taken possession of by the State-respondents. Ultimately, the Deputy Commissioner, West Garo Hills by the notice dated 29.6.2004 informed the petitioner (as her husband had died in the meantime) that a sum of Rs. 2,75,709.22 p. had been awarded to her and might receive the same if the same was acceptable to her. The petitioner accepted the award "under protest" as evident from her letter dated 27.7.04 and received the awarded amount. In that letter, she claimed payment of interest at the rate of 12% per annum on the market value of her land so acquired under Section 23(1-A) of the Act with effect from the date of taking possession of the land. Her repeated representations made thereafter also proved futile which prompted her to file this writ petition for appropriate reliefs.

(3.) While opposing the writ petition, an affidavit-in-opposition has been filed by the State-respondents. It is asserted by the answering respondents that as per the joint enquiry report dated 5.3.2003, the actual area of the land utilized for construction of the road in question is 9 bighas and 11 lessas and not 210 bighas as claimed by the petitioner. It is also stated by the respondents that the interest on the award was calculated w.e.f. the date of publication of the Notice under Section 4 of the Act and that there is nothing to show that the land in question was utilized by them w.e.f. 3.11.1990 i.e. from the date on which the PWD started clearance for construction of the road, etc.