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
Party NameNadurian Lytan Vs Union of India and Ors.
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 DateSeptember 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 Respondents have also miserably failed in law in not intimating the Petitioner by way of notice of the said construction on a portion of her land and without complying with the procedure prescribed under the Land Acquisition Act, 1894 and now the applicable Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

    That the deprivation by the State Respondents of the property of the Petitioner without following the due process of law and without payment of damages/compensation to her is in violation of her statutory rights under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and as such is in violation of Article 14 and Article 300(A) of the Constitution of India.

    Hence, the instant writ petition".

  2. Mr. P. Nongbri, learned counsel appeared on behalf of the petitioner and submits that, the petitioner has two plots of land. Both the lands were used by the Government for construction of Jowai Bye-Pass. For one plot of land, compensation has already been paid and for the other plot of land no compensation has been paid till date. As a result, the petitioner had made a request to the Deputy Commissioner, West Jaintia Hills District, Jowai for a joint inspection and accordingly, the same was...

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