WANPYNSUK PASSAH Vs. COMMISSIONER AND SECRETARY, POWER DEPARTMENT SHILLONG

JUDGEMENT

(1.) The case of the petitioner herein is directed against the alleged illegal construction of a 33 KV/11 KV HT lines over the land of the petitioner situated at Khliehtyrshi Industrial Estate, West Jaintia Hills District, which amounts to encroachment on the said land of the petitioner, thereby violating the fundamental rights of the petitioner as well as the principle of natural justice. Hence this petition.

(2.) Heard Mr. A. Barua, learned counsel for the petitioner who has submitted that the petitioner is the lease holder of land within the "Khliehtyrshi Industrial Estate" in the West Jaintia Hills District of the State, such lease being allotted and settled by the Directorate of Industries, Government of Meghalaya.

(3.) The petitioner being allotted the said land on 9/9/1999 to set up a saw mill was issued a Registration Certificate dtd. 2/11/1999 vide communication No.13/02/0105 dtd. 12/10/1999. A licence to run the saw mill unit was also issued by the Divisional Forest Officer (T) Jaintia Hills Division, Jowai on 8/11/2005 and 12/6/2006. The petitioner is running the said unit as proprietor of M/s Bilsina War Passah Saw Mill cum Veneer.