BANSHANBOR THANGKHIEW Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) IN this writ petition, the petitioner is questioning the legality and propriety of the award dated 22 -06 -1971 prepared by the Collector of Land Acquisition, East Khasi Hills, Shillong for the various land owners and seeking for a direction to the respondent authority to take immediate measures/steps as per judgment and order dated 19 -07 -2002 and the modified order dated 16 -10 -2002 passed by the Court of Smti. A. Nikhla, Assistant to Deputy Commissioner, Ri -Bhoi District, Nongpoh within a specific period of time in accordance with law. Thus, the present writ petition had been filed with a considerable delay of more than a decade for the relief sought for therein.

(2.) HEARD Mr. E. Nongbri, learned counsel appearing for the petitioner, Ms. N.G. Shylla, learned GA appearing for the respondents No. 1 to 3 and Mr. R. Deb Nath, learned counsel appearing for the respondent No. 4.

(3.) AFTER declaration that the said land was required for public purposes under Section 6 of the Land Acquisition Act, 1894, the acquisition proceeding was initiated and various land owners also submitted their claim for compensation for their interest in the said land. After considering the claim of the various land owners, the Collector of Land Acquisition made an award on 22 -06 -1971 for the various land owners. In that award, i.e. 22 -06 -1971, the petitioner's predecessor in interest (L) Sahari Massar was also awarded compensation only in respect of the plots No. 54, 55, 60, 71 and 72, the total area of which was about 30.705 acres. However, in respect of the plots No. 44, 51, 52 and 56 with a total area of 99.78 acres more or less compensation was not made but the said plots of land were taken possession by the respondent No. 4 on 28 -12 -1971, only on the ground that those plots of land had been classified as Raid Land.