Lujibell N. Marak v. Union of India and 5 Ors

JUDGMENT AND ORDER (ORAL)

¶1These batch of writ petitions have been filed with a prayer that the respondents be directed to carry out proper survey of the lands since occupied, for assessment of just and fair compensation against the land acquired, taking into account all the structures and fixtures standing thereon.

¶2It is submitted by Mr. K.C. Gautam, learned counsel for the petitioners that the land situated in North Garo Hills, Dainadubi P.S. Mendipathar has been acquired without payment of compensation, and as such the petitioners will come within the meaning of 'Person

Interested'. It is further submitted that even though the stand of the respondents that the land forms part of the existing Right of Way (RoW), excess land has also been taken over by the respondents, for which there has been no assessment or any compensation paid. He therefore, prays that appropriate directions be issued to the respondents to conduct an exercise to verify the claims and objections of the petitioners and accordingly accord compensation or to take steps in furtherance thereto.

¶3Mr. S. Sen, learned GA for the State respondents No. 2 & 6, has submitted that the said acquisition has been done under the National Highways Act, 1956 and possession has been accordingly taken by the authorities for expansion of the NH-217, in North Garo Hills District. He however submits that as the issue involves disputed facts, the writ petitioners have available alternate remedy under Section 3 (H) (4) of the Act, which allows the competent authority to refer the matter to the principal civil court under whose jurisdiction the said land is situated, for adjudication. He therefore, submits that the writ petitioners be directed to approach the appropriate forum, for redressal of their grievances.

¶4Mr. S. Pandey, learned counsel for the respondents Nos. 3, 4 & 5 (NHIDCL), also has no objection to the suggestion made by Mr. S. Sen, the learned GA for the respondents Nos. 2 & 6.

¶5Accordingly, on the submissions made by the learned counsel for the parties and also on the materials on record, these writ petitions are disposed by allowing the writ petitioners to approach the competent authority i.e. the District Collector/Commissioner, who shall then refer the matter to the principal civil court of original jurisdiction for adjudication of the claims of the writ petitioners, as presented. It is further provided that on the presentation of the claims of the writ petitioners, the same shall be referred, within 2(two) months on receipt thereof, the claims/objections.

¶6As ordered above, these connected matters stand closed and are accordingly disposed of.

Chief Justice (Acting)

Meghalaya

15.09.2025 "V. Lyndem-PS"

Date: 2025.09.16 13:02:26 IST

Serial No. 08-21 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 116 of 2025 WP(C) No. 117 of 2025 WP(C) No. 118 of 2025 WP(C) No. 119 of 2025 WP(C) No. 120 of 2025 WP(C) No. 121 of 2025 WP(C) No. 122 of 2025 WP(C) No. 123 of 2025 WP(C) No. 124 of 2025 WP(C) No. 125 of 2025 WP(C) No. 126 of 2025 WP(C) No. 127 of 2025 WP(C) No. 128 of 2025 WP(C) No. 129 of 2025 Date of Decision: 15.09.2025 Smti Nirolla Marak, W/o Shri Laidinath Momin, Permanent R/o Balsrigittim, P.O. & P.S. Williamnagar, East Garo Hills District, Meghalaya Smti Krebitha Marak, D/o (L) Sombe Marak, R/o Depa Garat, Smti Salchami Sangma, W/o Shri Praidash Marak, R/o Depa Chima Apal, Smti Dallik Marak, D/o Shri Shedel Sangma, R/o Depa Garat, Smti Debila Sangma, W/o Shri Prodin Marak, R/o Depa Garat, Shri Willingston Sangma, S/o Shri Moheram Marak, R/o Depa Sarangma, Smti Nuitildadora Ch. Momin, W/o Shri Samjen D. Sangma, R/o Depa Sarangma, Smti Methira S. Sangma, W/o Shri Boash Momin, Permanent R/o Bangsi Apal, Smti Lujibell N. Marak, W/o Shri Bawelson Marak, R/o Depa Sarangma, Smti Sabitha Sangma, D/o Shri Monilthon Sangma, R/o Depa Garat, Smti Albina Sangma, W/o Shri Brijut Marak, R/o Depa Garat, Smti Erilla Marak, D/o (L) Dineth Sangma, R/o Chima Apal, Smti Binolla R. Sangma, W/o (L) Panira Rabha, R/o Depa Sarangma, Smti Sebani Sangma, W/o Shri Sudhir Momin, R/o Depa Sarangma, Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Chief Justice (Acting) Appearance: For the Petitioner(s) : Mr. K.C. Gautam, Adv. For the Respondent(s) : Mr. S. Sen, GA with Ms. R. Colney, GA (For R 2&6) Mr. S. Pandey, Adv. (For R 3,4&5) i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: