KARMIT SARI Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2020-1-10
HIGH COURT OF MEGHALAYA
Decided on January 31,2020

Karmit Sari Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

H.S. Thangkhiew,J. - (1.) The case of the petitioner is that a portion of the petitioner's land situated at 'Sah Psein' Mukhla, West Jaintia Hills District, Meghalaya has been forcibly occupied by the State Respondents and alleging that the taking over the land of the petitioner by the State Govt. being highly illegal, a prayer has been made in the writ petition for a direction to issue to the State Respondents to revert the possession of the land occupied in 'Sah Psein' Mukhla, West Jaintia Hills District to the petitioner and also to direct the State Govt. to follow the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in acquiring the land of the petitioner.
(2.) I have heard Mr. A. Barua, learned counsel for the petitioner and Mr. H. Abraham, learned GA for the respondents No. 1 to 4.
(3.) Mr. A. Barua, learned counsel for the petitioner submits that the petitioner is aggrieved by the action of the respondents by which the land of the petitioner has been occupied by way of encroachment without payment of any compensation, on the premise that the land was part of the land acquired in the year 2011 for the 3rd Battalion of the Meghalaya Police. Learned counsel for the petitioner asserts that the ownership of the land of the petitioner being ancestral is substantiated by a certificate issued by the Headman of Mukhla Nongrim, Thadlaskein, West Jaintia Hills District, Meghalaya dated 06.07.2017 and 08.12.2017, showing the continuous possession of the petitioner. Learned counsel submits that objections had been raised to the fencing work that was being carried out in the said acquired land and the Respondents No. 3 and 4 had also issued letters to the Mukhla Dorbar Pyllun, Mukhla to be present on the 06.08.2014 and 29.08.2014 regarding the objection raised by the petitioner and letters were issued to the son of the petitioner but the issue stood unresolved at that level.;


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