SH ZOHRUAILIANA & 42 ORS Vs. UNION OF INDIA & 4 ORS
LAWS(GAU)-2018-5-51
HIGH COURT OF GAUHATI
Decided on May 02,2018

Sh Zohruailiana And 42 Ors Appellant
VERSUS
Union Of India And 4 Ors Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mrs. Dinari T. Azyu, counsel for the petitioners. Also heard Ms. Zairemsangpuii, CGC for the respondent Nos. 1 and 2. Ms. Mary L. Khiangte, Govt. Advocate appears for respondent Nos. 3 to 5. None appears for the respondent Nos. 6 and 7, even though notices were deemed to be served upon them vide Order dated 03.04.2018.
(2.) The petitioners' case in brief is that the BRTF had constructed a road through the lands of the petitioners and as no compensation was paid to them for acquisition of the same, the petitioners filed WP(C) No. 160/2016 and WP(C) No. 224/2016. This Court disposed of the above two writ petitions vide Order dated 22.09.2016 and 08.12.2016 by directing the respondents to conduct a spot verification of the petitioners lands, covered by their respective Garden Passes. This Court also directed that if it was found that the road had been constructed over the petitioners' lands, a supplementary Award should be made for acquisition of their lands.
(3.) The respondents thereafter, conducted a joint verification of the petitioners lands and as per the joint verification report dated 07.02.2017, issued by the Sub-Deputy Commissioner, Siaha District, Siaha, it was found that the lands of all the petitioners were found to be beyond 00 Km - 20 Kms. stretch of the Kawlchaw-Phura-Tongkolong road. Accordingly, the respondents declined to make any supplementary Award in respect of the lands of the petitioners, on the alleged ground that the District Collector, Siaha District was competent to issue an Award, only for the 00 Km - 20 Kms. of the Kawlchaw-Phura- Tongkolong road and not beyond 20 Kms.;


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