M. SAMUEL RYNGKSAI AND SMTI. SHILLA RYNGKSAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS appeal preferred under Section - 54 of the Land Acquisition Act, 1894 is directed against the Judgment & Order dated 31.07.12 passed by the Reference Court/Special Judicial Officer, Shillong under the Land Acquisition Reference Case No. 5(J) 2006 by which the said Court has dismissed the claim referred to it by the Collector under Section - 18 of the Act. Heard the learned counsel for the parties and perused the record.

(2.) THE brief facts of the case are that, in the year 2001 two plots of land measuring 7632.32 sq.m. and 4624.42 Sq.m. situated at Dawki, Darrang Doloiship, Jaintia Hills District owned by the appellants Shri. M.S. Ryngksai and Smti. Shilla Ryngksai respectively were acquired for the purpose of construction of a permanent bridge over river Umngot (NH -40). After issuance of necessary notifications under Section - 4 and Section - 6 of the Land Acquisition Act, 1894, the Sub -Divisional Officer (Civil) made an award on 28.05.03 in respect of the acquired land and assessed the compensation of Rs. 2,44,535/ - payable to Shri. M.S. Ryngksai and Rs. 1,45,994/ - payable to Smti. Shilla Ryngksai (both appellants). The two appellants filed objections protesting the quantum of compensation assessed on which reference was made by the authorities concerned under Section - 18 of the Act. It is alleged by the appellants/claimants that the market value of the land acquired was Rs. 150 per sq. meter, and for the fruit bearing trees, the value was Rs. 500/ - per tree.

(3.) THE appellants/claimants adduced as many as six witnesses in support of their cases before the Reference Court namely -Shri. M.S. Ryngksai -CW -1, Smti. Shilla Ryngksai, CW -2, Shri. Jobin Ryngksai, CW -3, Shri. Brang Khyriem -CW -4, Shri. Raja Khonsit -CW -5 and Shri Beringson Khongwang -CW -6. In reply to these on behalf of the State, witness OPW -1, Smti. Victoria Phawa, Sub -Divisional Officer (Civil), Amlarem was examined.