In a decision that would help expedite widening of National Highway-51 from Goeragre to Chitoktak and Dobasipara to Dalu in West Garo Hills, the Meghalaya High Court has disposed the writ petition filed by 46 land owners and directed them to write an application to the Deputy Commissioner to settle their grievances regarding measurement of land and inadequacy of compensation.
“The petitioners have failed to make out a case for any interference with the land acquisition proceedings in this matter. However, it would be open for the petitioners to raise their grievances with regard to the measurement of land and inadequacy of compensation in terms of provisions of law contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by filing a written application requiring reference of the matter under Section 64 of the said Act,” Justice B Bhattacharjee said in the verdict on October 4. The judge also directed the Deputy Commissioner to deal with the application in accordance with law.
The writ petition was originally instituted by 90 writ petitioners. However, during pendency of the writ petition, the names of the 44 writ petitioners were struck off from the array of parties by three orders passed by the High Court on the ground that such petitioners have already received the amount of land compensation granted to them. The writ petition, thus, proceeded with remaining 46 writ petitioners for final hearing.
The petitioners have challenged the Notification No. RDA 103/2015/365 dated June 27, 2019, the various reports of hearing, and the Declaration vide No. RDA 103/2015/744 dated June 8, 2020 made under Section 11 (1), Section 15 and Section 19 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in connection with the acquisition of land in Chibragre, Ganolgre, Duragre, Chasingre, Meggonggre, Sangsanggre, Darengre, Dopgre, Jenggitchakgre, Bolchugre, Darak A-kong, Chekwatgre, Ronggatagre, Gimbil A-Dinggre, Rongbibanggre, Daluagre, Romba Chisakgre, Rongbretgre, Wakkolnanggre, Danabollonggre, Bolmapara, Amongpara, Kherapara Nokat, Kherapara Songma, Songmagre, Mandagre, Rengsipara, Rangdapara, Doldenggagre, Karonggre, Tibapara, and Magupara villages, West Garo Hills District, for widening of National Highway-51 from Goeragre to Chitoktak and Dobasipara to Dalu.
The High Court in its previous orders on August 7, 2020 and December 16, 2021 has declined to stay the land acquisition proceeding and the ongoing highway project. The High Court decided only to adjudicate the claims of the petitioners concerning the adequacy of compensation and measurement of land.
