Nadurian Lytan vs Union of India and Others

S.R. Sen, J—The petitioner''s case in a nutshell is that:

"The instant Writ Petition is being filed, seeking for a writ in the nature of mandamus directing the Respondents to pay adequate compensation/damages as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the Petitioner.

That a portion of a piece of land lawfully owned by the Petitioner as held by her under Land Holding Certificate No. 37 of 2009, issued by the Jaintia Hills Autonomous District Council, is being utilized for construction of Jowai bypass by the PWD (Roads). This fact came to the knowledge of the Petitioner only on 22.11.2013, when she had gone and inspected the said piece of land.

That in respect to another piece of land held by the Petitioner under the Land Holding Certificate No. 35 of 2009, the statutory compliance have been met with by the State Respondents and that the compensation for the same has been received by the Petitioner. However, with respect to the piece of land under Land Holding Certificate No. 37 of 2009, the same has not been complied with.

That the State Respondents have also miserably failed in law in not intimating the Petitioner by way of notice of the said construction on a portion of her land and without complying with the procedure prescribed under the Land Acquisition Act, 1894 and now the applicable Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

That the deprivation by the State Respondents of the property of the Petitioner without following the due process of law and without payment of damages/compensation to her is in violation of her statutory rights under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and as such is in violation of Article 14 and Article 300(A) of the Constitution of India.

Hence, the instant writ petition".

Mr. P. Nongbri, learned counsel appeared on behalf of the petitioner and submits that, the petitioner has two plots of land. Both the lands were used by the Government for construction of Jowai Bye-Pass. For one plot of land, compensation has already been paid and for the other plot of land no compensation has been paid till date. As a result, the petitioner had made a request to the Deputy Commissioner, West Jaintia Hills District, Jowai for a joint inspection and accordingly, the same was done. Letter dated 21.02.2014 written by the Addl. Deputy Commissioner, West Jaintia Hills District, Jowai addressed to the Executive Engineer PWD (Roads) Jowai Central Division, Jowai which is at Annexure-6 page 19 was brought to my notice and a prayer was made that, necessary directions may be issued. For easy reference, Annexure-6 page 19 is reproduced herein as under:

"GOVERNMENT OF MEGHALAYA OFFICE OF THE DEPUTY COMMISSIONER WEST JAINTIA HILLS DISTRICT, JOWAI

No. REV/LA-14/Pt-II/2013/21,

Dated Jowai, the 21st February, 2014

To,

The Executive Engineer PWD (Roads)

Jowai Central Division, Jowai,

Subject:-- Acquisition of land for construction of Jowai Bye-Pass.

Sir,

With reference to the subject cited above, a joint inspection was conducted on the 7-02-2914 to ascertain the claims of the two landowners Smt. Liyona Lytan and Smt. Nadurian Lytan regarding the construction of the Jowai Bye-Pass without payment of land compensation. After detail inspection, it was found that the claims of both of the landowners were true and that their land has already been utilized without their receipt of compensation. You are therefore requested to make an assessment of the land that has been already utilized with the detail measurement of the area and submit it to this office at the earliest so that necessary action can be taken from this end.

Yours faithfully, Sd/- Addl. Deputy Commissioner, West Jaintia Hills District, Jowai".

On the other hand, Mr. S. Sen Gupta, learned GA appearing for the respondents No. 2-7 submits that, the petitioner is not the owner of the second plot of land and there is no such record available with the office.

After hearing the submissions advanced by the learned counsel for the parties, I find that, both the submissions are contradictory to each other and from the letter dated 21.02.2014 (Annexure-6 page 19) it is clear that the claims of both the landowners are true and that their land has already been utilized without their receipt of compensation. Under these peculiar circumstances, I direct the Deputy Commissioner, West Jaintia Hills District, Jowai as well as the Executive Engineer PWD (Roads) Jowai Central Division, Jowai and the petitioner to go for a joint inspection and to find the actual position and if any compensation is left out, that to be paid to the petitioner in accordance with the rules and laws. Let this joint inspection be completed within 2(two) months from the date of receipt of the certified copy of this judgment and order.

With these observations and directions, this instant writ petition is allowed to that extent and stands disposed of.