UMSAW KHWAN, VILLAGE DURBAR MEGHALAYA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioners case in nut shell is that, land measuring 9,24,442.10 sq meters belonging to petitioner No. 1 was acquired on the condition of payment of Rs 10,00,00,000/- (Rupees Ten Crores ) only as the total sum of compensation amount. However the land was urgently acquired way back on June 2011 on payment of 80% of the agreed compensation without releasing the remaining amount of compensation till date, in respect of which Petitioners' WP (C) No (SH) 275 of 2012 is subjudice. Now by the impugned letdated 8/10/2012 & 15/10/2012 (Annexures 12 & 13) the land acquisition proceeding is sought to be set at naught and the part compensation paid earlier is sought to be recovered illegally. Hence this petition.

(2.) Mr. SS Dey, the learned counsel appeared for on behalf of the petitioner submitted that vide letter dated 11.08.09 (Annexure-1) The Divisional Forest Officer, Forest Resources Survey Division, Meghalaya Shilong requested the petitioners/claimants to arrange labourers, village elders for correct measurement of the land proposed to be acquired at Mawpalai, Ri Bhoi District. Vide letter dated 16.10.09 (Annexure-2), the Divisional Forest Officer, Khasi Hills Wildlife Division, Shillong also requested the petitioners/claimants for survey of the land and boundary proposed to be acquired. Annexure-3 is the sanction of Rs. 10 crores for compensation. Letter dated 16.12.10 is the letter from the OSD, Forest & Environment Department, Govt. of Meghalaya addressed to the Under Secretary, Revenue Department, Govt. of Meghalaya. Annexure-5 is the Notification under Section-4 of the Land Acquisition Act, 1894 as well as under Section-17(A) and Section-5-A of the said Act. Letter dated 26.05.11 (Annexure-6) by which a date was fixed on 31.05.11 at 11:00 AM for inspection. Letter dated 6.04.11 at Annexure-7 is the declaration under the provision of Section-6 of the Act. Annexure-8 is the agreement between the Collector and the persons interested in the matter. Notification dated 14.06.11 at Annexure-9 speaks that the collector has been directed by the Government to take advance possession of the land by exercising the power under Section-17 Sub-Section (1) of the Act and to make 80% payment. Annexure-10 is the order dated 16.06.11 to issue notice under Section- 12(2) of the Act for appearance of the persons entitled to collect the 80% compensation. Letter dated 16.06.11 (Annexure-11) further speaks about the notice issued under Section-12 of the Act for payment of 8 crores. Letter dated 8.10.12 (Annexure-12) speaks about the recovery of Rs. 8 crores. Letter dated 15.10.12 (Annexure-13) is the letter directing the petitioners to appear so that necessary steps can be taken to annul the land acquisition proceeding.

(3.) The learned counsel also relied on the reply given by the petitioners/claimants to the Deputy Commissioner, Ri Bhoi District vide letter dated 25.10.12 which is at Annexure-14 and argued that when the entire land acquisition proceeding has been completed and after thorough enquiries and inspections and possession has already been taken by the Government as well as 80% has already been made, at this stage the Government cannot come and ask for annulment of the land acquisition proceeding or recovery of the 80% made to the petitioners/claimants. The learned counsel further argued that under the provision of the Land Acquisition Act, the Deputy Commissioner has no authority to annul or quash the land acquisition proceeding and further prayed that the remaining 2 crores is to be paid to the petitioners/claimants as awarded earlier.