WP(C) No. 378 of 2014. Case: Nadurian Lytan Vs Union of India and Ors.. Meghalaya High Court

Case NumberWP(C) No. 378 of 2014
CounselFor Appellant: Philemon Nongbri, Adv. and For Respondents: S. Sen Gupta, GA and R. Debnath, CGC
JudgesS.R. Sen, J.
IssueConstitution of India - Articles 14, 300(A)
Judgement DateThursday September 03, 2015
CourtMeghalaya High Court

Judgment:

S.R. Sen, J., (At Shillong)

  1. The petitioner's case in a nutshell is that:

    "The instant Writ Petition is being filed, seeking for a writ in the nature of mandamus directing the Respondents to pay adequate compensation/damages as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the Petitioner.

    That a portion of a piece of land lawfully owned by the Petitioner as held by her under Land Holding Certificate No. 37 of 2009, issued by the Jaintia Hills Autonomous District Council, is being utilized for construction of Jowai bypass by the PWD (Roads). This fact came to the knowledge of the Petitioner only on 22.11.2013, when she had gone and inspected the said piece of land.

    That in respect to another piece of land held by the Petitioner under the Land Holding Certificate No. 35 of 2009, the statutory compliance have been met with by the State Respondents and that the compensation for the same has been received by the Petitioner. However, with respect to the piece of land under Land Holding Certificate No. 37 of 2009, the same has not been complied with.

    That the State...

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