GARO HILLS AUTONOMOUS DISTRICT COUNCIL AND OTHERS Vs. MODY M SANGMA

JUDGEMENT

(1.) With the consent and at the request of the learned counsel for the parties, we have heard the matter finally at this stage itself. This intra-court appeal is directed against the order dated 30.09.2014 as passed in WP (C) No.378 of 2013, whereby the learned Single Judge of this Court has upheld the challenge of writ petitioner (respondent herein) to the notification dated 01.10.2012, as issued by the appellant Garo Hills Autonomous District Council ["GHADC"] on the ground that GHADC had no authority to fix the value of the land acquired or to be acquired under the Land Acquisition Act, 1894 ["the Act of 1894"] or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ["the Act of 2013"].

(2.) In brief, the relevant background aspects of the matter are that the respondent/writ petitioner, said to be the owner of a plot of land measuring about one bigha at Dalamgre village under Dalomgre A'khing P.S. Dalu, West Garo Hills District, which had been acquired by the Government of India for the purpose of erecting fencing on the International Border, stated the grievance that he had not received adequate compensation; and in the enquiry for determination of compensation, the Collector concerned was feeling bound by the rates mentioned in the impugned notification dated 01.10.2012, as issued by GHADC in exercise of its powers under Clause (a) of Rule 30 of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951 ["the Rules of 1951"]. It had been the case of the respondent/writ petitioner that GHADC had no authority to determine the amount of compensation for acquisition; and the notification in question, to that extent, was beyond GHADC's legislative powers emanating from Sixth Schedule to the Constitution of India.

(3.) It appears that before the learned Single Judge, though it was essentially contended on behalf of the present appellants that the matter relating to land acquisition ought to be agitated before the concerned authority/Collector but then, it was also suggested on their part that as regards A'khing land, GHADC was competent to assess the same for the land acquisition in Garo Hills Districts; and that when the rate was fixed, there was no question of assessment of the market rate by the Collector.