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Judgment
Heard Mr. S.Dey, learned counsel for the petitioner, Mr. KP Bhattacharjee, learned State counsel for the State respondents as well as Mr.
N.Mozika, learned counsel for the respondent No. 5 & 6.
The petitioner''s case in a nutshell is that:
The petitioner is a citizen of India belonging to Pnar Schedule Tribe of Meghalaya and as such she is entitled to all right and privileges guaranteed
under the constitution of India. The petitioner is the absolute owner of a plot of land measuring about 41.400 sq. feet''s (more or less) situated at
''Umsaitprah'' (Umden) Plot No. 176 under rural area, Ri-Bhoi District, Meghalaya. On 30th December 2004 the Petitioner has purchased the
above mentioned Plot of land from Smti Phransisca Lyngdoh on a consideration of an amount of Rs. 1,00,000/- (Rupee One Lakh) only and a
sale deed dated 30.12.2004 was executed between them in presence of the members of Durbar Shnong Umsaitprah (Umden) Raid Mawbuh. As
per the said direction of the Sub-Registrar, Nongpoh a new sale deed was executed on 20th August 2010 between the Petitioner and Smt
Phransisca Lyngdoh and thereafter the said sale deed dated 20.08.2010 was registered at the office of The Sub- Registrar, Nongpoh, Ri-Bhoi
District, Meghalaya. The Deputy Commissioner, Ri-Bhoi District, Meghalaya (Respondent No.2) for extension of the Umroi Airport, Ri-Bhoi
District, Meghalaya acquire the land of the Petitioner, the said plot of land of the Petitioner was acquired by the said Respondent without paying
compensation to the Petitioner and also without following the procedure of Land Acquisition.
The Extra Assistant Commissioner (Revenue) Ri-Bhoi, Nongpoh (Respondent No.7) vide Office Order No. DCRB (LA) 7/207/217.1331 dated
Nongpoh the 1st June, 2011 issued a Notice to the U Rangbah Shnong Umroi Nongrah/Umden Mission/Umsaitprah/ Umden Arka, whereby it
was informed that the said Respondent will be coming to inspect/survey the land acquired by the airport on 08.06.2011 from 11:00 am and the
said authority has also requested the land owner to be present along with him who were affected by the acquisition of Airport. It is to mention
herein that as per the said order the Respondent No. 7 along with the Petitioner and other land owners affected by the acquisition of land for the
said Airport had inspected their respective land, survey was conducted in the Petitioner''s land and thereafter assessment was done for the
Petitioner''s land. The said Respondent after survey and assessment of the land informed the Petitioner that her land has been acquired and within
few days she will receive the compensation.
The Deputy Commissioner, Ri-Bhoi, Nongpoh vide Office Order No. DCRB. (LA)7/2007/Pt-II/75 dated Nongpoh the 11th October, 2012
issued a notice to 17(seventeen) land owners, as per the said Notice it was brought to the notice that the land to be acquired for the expansion/
upgradation of Umroi Airport is under the process of compensation stage, the Petitioner and other land owners was directed to appear in person
before the Extra Assistant Commissioner (Rev) Shri. R. Kharbihkhiew, MCS in his office along with the relevant documents to substantiate the
claims on 18th October, 2012. It is to mention herein that as per the Notice dated 11th October 2012 issued by the Deputy Commissioner, Ri-
Bhoi District, Nongpoh the name of the Petitioner was placed as serial number 17.
As per the Office Order No. DCRB. (LA) 7/2007/Pt-II/75 dated Nongpoh the 11th October, 2012 issued by the Deputy Commissioner, Ri-Bhoi
District, Nongpoh, the Petitioner along with other land owners appeared in person before the Extra Assistant Commissioner (Rev) Shri R.
Kharbihkhiew, MCS in his Office on 18th October 2012 and put her claim for the Land of the Petitioner''s which was acquired by the
Respondents for the expansion/upgradation of Umroi Airport. After thorough discussion with the Extra Assistant Commissioner (Rev), Ri-Bhoi,
Nongpoh, on 18th October 2012 the Petitioner was confident that she will be paid compensation for her land which was already acquired by the
Respondents, however till date the Respondents did not pay the compensation for acquiring her land for the extension of Umroi Airport at Umroi,
Ri-Bhoi District, Meghalaya. Even after a lapse of more than three years the Petitioner was not paid compensation by the Respondent No. 2, left
with no other option the Petitioner addressed a letter to the Deputy Commissioner, Ri-Bhoi District, Nongpoh vide letter dated 6th August 2015,
whereby request was made to the said Respondent to pay requisite compensation to the Petitioner for acquiring her land i.e., Plot No. 176 for the
upgradation/ expansion of Umroi Airport.
The Hon''ble High Court of Meghalaya vide order dated 13.07.2015 passed in Writ Petition (Civil) No. 164/2015 issued notice to the
Government of Meghalaya through the Chief Secretary, the Deputy Commissioner, Ri-Bhoi District and the Chairman of Airport Authority of India
for the objectionable delay onto the construction of the Umroi Airport. However the Learned Advocate General appeared on behalf of State
Government and prayed for time to seek instructions into the matter, this Hon''ble Court was pleased to fix the matter again on 16.07.2015, and
thereafter the same is pending for disposal.
After the Hon''ble High Court of Meghalaya issued notice to the Respondents, the Petitioner received a Xerox copy of a letter No.DCRB (LA)
7/2007/Pt-II/192/498 on 12th October 2015 from the Respondent No. 2, from the said letter and postal receipt it is apparent that the said letter
was issued on a back date i.e., 23rd June, 2015 with an intention to cover-up the illegal and malafide act of the Respondent No. 2. The back
dated (23rd June, 2015) Letter was posted at Nongpoh Post Office only on 06.10.2015 at 10:33am. It is pertinent to mention herein that the said
letter was issued on a back date with a pretext to cover-up the illegal motive and malafide intention of the said Respondent. The said action of the
Respondent No.2 is highly illegal and the said action of the Respondent No. 2 is required to be investigated by an independent agency so that the
motive of the said Respondent can be scrutinized. The Respondent No. 2 vide Letter No. DCRB (LA) 7/2007/Pt- III/293/1087 dated Nongpoh,
the 20th November 2015 submitted a copy of the information on the meeting held on the 6th November, 2015 to the Deputy Secretary,
Meghalaya Legislative Assembly, Shillong. Along with the said information copy of the New rate as per the Right to Fair Compensation
Transparency - Land Acquisition, Rehabilitation & Resettlement Act, 2013 for the 6(six) landowners at Umsaitprah of the Isolation Bay, Umroi
airport was enclosed and as per the same the name of the Petitioner along with other five individuals were shown to be included. It is pertinent to
mention herein that as per the Letter dated 23rd June 2015 the Respondent No. 2 informed the Petitioner that her name was not included in the list
awards, however as per the information given by the said Respondent to the Deputy Secretary, Meghalaya Legislative Assembly, Shillong says
otherwise. The wrong information by Respondent No. 2 is highly illegal and requires to be declared as unconstitutional and moreover interestingly
how the Government records can be manipulated by the said Respondents. The act and action of the Respondent No.2 is required to be
investigated by an independent agency to find out the actual motive of Respondent No. 2 for misleading this Hon''ble Court and the Petitioner.
Hence this Petition"".
Learned counsel for the petitioner submits that petitioner''s land had been acquired by the State Government but till date petitioner has not
received the compensation and when the petitioner approached the Deputy Commissioner, Ri-Bhoi District, Nongpoh, the said Deputy
Commissioner refused to accept the letter.
Deputy Commissioner, Ri-Bhoi District, Nongpoh is directed to act according to the Land Acquisition Act and do the needful accordingly.
With this observation and direction, the matter is allowed and stands disposed of.