THE STATE OF MEGHALAYA AND ORS. Vs. NETHER M. SANGMA AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Single Judge dated 13.12.2012 passed in WP(C)(SH) No. 230/2011 wherein and where -under the learned Single Judge had granted the relief sought for in the writ petition filed by the respondents No. 1 & 2/writ petitioners by directing the appellants to either assess the amount of compensation payable to the respondents No. 1 & 2/writ petitioners or to share the income from the market or cost of the land etc. and to pay the amount within 5(five) months w.e.f. date of the order.

(2.) HEARD Mr. ND Chullai, learned Sr. GA assisted by Mr. R Gurung, learned GA appearing for the appellants, Mr. HS Thangkhiew, learned senior counsel assisted by Mr. N Mozika, learned counsel appearing for the respondents No. 1 & 2/writ petitioners, Ms. SG Momin, learned counsel for the respondent No. 3 and Mr. S Dey, learned counsel for the respondent No. 4. The concise fact of the case leading to the filing of WP(C)(SH) No. 230/2011 by the respondents No. 1 & 2/writ petitioners and also the case of the appellants in their affidavit -in -opposition are recapitulated. The respondents No. 1 & 2/writ petitioners are the predecessors -in -interest of Shri. Najing Sangma and Smt. Watre Ch. Marak, the then Nokmas of Danakgre, who sometime around the year 1970 entered into an oral agreement with the then functionaries of the Garo Hills Autonomous District Council (for short 'GHADC') that the then Nokmas would grant 16 Bighas of Danakgre Akhing Land to the GHADC and the GHADC would construct a market in the said land in the name and style of "Najing Bazar" and also revenue derived from the market would be shared equally by the Nokma and the District Council. However, there was no positive action on the part of the District Council towards the construction of the said proposed "Najing Bazar" and the land measuring in area about 16 Bighas vide PP No. 296 Dag No. 62, Danakgre Akhing Land near FCI, Tura remained vacant. There was no move on the part of the District Council to construct the proposed market and the possession of the land was never taken over by them and as such, Danakgre Nokma continued to be in possession of the land. On the said land which was continued to be in possession of Danakgre Nokma, the respondents No. 2, 3 & 4 very recently had started the construction work. It was a matter of surprise for the respondents No. 1 & 2/writ petitioners inasmuch as, the predecessors -in -interest of the respondents No. 1 & 2/writ petitioners had entered into an oral agreement with the GHADC and not with Tura Municipal Board for construction of the proposed "Najing Bazar" and sharing of revenue. Thereafter, they enquired about the matter in the office of the GHADC and also verified the Jamabandi Register and they came to know that the GHADC had settled the said land in favour of the Chief Executive Officer, Tura Municipal Board vide office Order No. 254, Memo No. GDC.L. Ref./94/EC/1513 -15 dated 31.05.1996. Further, the name of the Chief Executive Officer, Tura Municipal Board had been entered in the Jamabandi Register in respect of the said land. Thereafter, the respondents No. 1 & 2/writ petitioners applied for a certified copy of the said Jamabandi Register which was made available to them only on 22.09.2011. The respondents No. 1 & 2/writ petitioners further stated that on 08.08.2011 they submitted an application to the Public Information Officer, Tura Municipal Board under the Right to Information Act, 2005 (for short 'RTI Act, 2005') for the information as to: - -

(3.) THE respondents No. 1 & 2/writ petitioners further stated that the said land is the integral part of Danakgre Akhing. However, the same had been illegally and arbitrarily taken over by the GHADC and thereafter illegally settled it by the GHADC in favour of the Tura Municipal Board without any payment of compensation and without initiating any proceeding either under the Land Acquisition Act, 1894 or any other law. All the lands in Garo Hills are tribal lands belonging to Akhings. As such, the District Council or Tura Municipal Board cannot own any such lands unless the same has been acquired from the concerned Akhing by following due process of law and by paying compensation to the Akhing. The respondents No. 1 & 2/writ petitioners are not against the construction of the market by the respondents No. 3 & 4 since the same is for public purpose. However, the GHADC and Tura Municipal Board being the State authorities, it is incumbent upon them to follow the due process of law for acquiring the land and to pay adequate compensation to the respondents No. 1 & 2/writ petitioners for the land so taken. Hence, Writ Petition No. (SH)230/2011 for a direction to the appellants to initiate appropriate proceedings for acquisition of the respondents No. 1 & 2/writ petitioners' Akhing Land and to pay appropriate compensation to the respondents No. 1 & 2/writ petitioners for the land in accordance with the provisions of Land Acquisition Act, 1894.