LALTLUANGPUIA Vs. UNION OF INDIA
LAWS(GAU)-2022-6-80
HIGH COURT OF GAUHATI
Decided on June 20,2022

Laltluangpuia Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

KEDAR SHASHIKANT DESHPANDE AND ORS.VS. BHOR MUNICIPAL COUNCIL [REFERRED TO]
KHUB CHAND VS. STATE OF RAJASTHAN [REFERRED TO]
K D SHARMA VS. STEEL AUTHORITY OF INDIA LTD [REFERRED TO]
G JAYASHREE VS. BHAGWANDAS S PATEL [REFERRED TO]
DALIP SINGH VS. STATE OF U P [REFERRED TO]
STATE OF ORISSA VS. MAMATA MOHANTY [REFERRED TO]
TUKARAM KANA JOSHI VS. M.I.D.C [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]


JUDGEMENT

NELSON SAILO,J. - (1.)This order will dispose of all the 3 (three) writ petitions. Heard Mr. Joseph Mangsuanhau, learned counsel for the petitioners and Ms. Zairemsangpuii, learned CGC appearing for the respondent Union of India. Also heard Mr. C. Zoramchhana, learned Addl. Advocate General for the State respondents.
(2.)By filing this writ petition, the petitioners have sought for payment of compensation for their land, which was acquired by the respondents for construction/extension of road from Farkawn to Thekte Village in the year 2010.According to the petitioners, although some amount of compensation was given to them, but the same is insufficient and it was also not assessed in terms of the relevant law on land acquisition including the relevant Schedule of Rates (SOR) to be followed for assessing property damage as followed by the State Public Works Department.
(3.)A brief background in respect of the petitioners in WP(C) No.140/2019 is that they initially approached this Court by filing WP(C) No. 98/2014, which however was dismissed vide Order dt. 1/7/2015. The petitioners then preferred W.A. No. 1/2016, which came to be disposed of along with WP(C) No. 9/2018 filed by one Mr. Lalbuka, represented by Mr. Laltluangpuia vide Order dtd. 30/7/2018. The appellants/petitioners were asked to approach the Deputy Commissioner with their claim for compensation. However, the appellants/petitioners instead approached the Supreme Court by filing SLA (C) Nos. 28196 and 28197 of 2018. The Supreme Court vide Order dtd. 2/11/2018 disposed of the Special Leave Applications by granting liberty to the petitioners to approach and pursue their representations before the Deputy Commissioner concerned as was directed by the Writ Appellate Court.
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