High CourtsSingle Bench

Bernard G. Marak & Ors vs State Of Meghalaya & Ors

Meghalaya High Court · Decided on 20 April 2026 · Citation: (2026) 04 MEG CK 1051

HON’BLE JUDGES
H.S. Thangkhiew, J
ACTS & SECTIONS REFERRED
National Highways Act, 1956 — Section 3H, 3(H)3, 3(H)(4)
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 100 Of 2026
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Judgment

6 paragraphs · 294 words

H. S. Thangkhiew, J

1.

The petitioners' prayer in the instant writ petition is for directions to issue to the respondents, the competent authority for land acquisition for consideration and for disposing of an application under Section 3H of the National Highways Act, 1956, within a time bound period, and also to direct to the respondent No. 2, to refer the dispute to the Principal Civil Court under Section 3(H) 3 of the National Highways Act, 1956.

2.

An affidavit has been filed by the State respondents, wherein it has been stated that all the applications of the writ petitioners have been disposed on 13.02.2026. In this context, Mrs. T. Yangi B, learned AAG has referred to the said order passed by the competent authority for land acquisition, wherein it has been clarified that there is no acquisition presently being undertaken either under NH-62 nor in NH-217, in respect of the land in question. She submits that there being no cause of action, the writ petition is therefore incompetent.

3.

Mr. P. Ghosh, learned counsel for the petitioners however, has submitted that the land of the petitioners have been acquired as far back as in 2009, and as such the application under Section 3(H)(4), was made for payment of due compensation.

4.

However, on the query of this Court, the learned counsel has not been able to substantiate his claim, inasmuch as, apart from the statement that the alleged acquisition is said to have happened in 2009, no other materials such as the notification, or other supporting documents have been filed.

5.

In this view of the matter, this writ petition is closed and disposed of with liberty to the petitioners to take recourse to other alternate remedy, as may be admissible in law.