Shillong, Feb 1: The Meghalaya High Court has sided with the state government in dismissing a batch of writ petitions filed on the land acquisition process for the construction of the Shillong Western Bypass, which runs through Ri-Bhoi and East Khasi Hills.
The case was heard by Justice HS Thangkhiew.
In one batch of writ petitions, the petitioners challenged the legality in a reduction of compensation for their land to the tune of Rs 221.21 crore. Another clutch of writ petitions was with regard to the acquisition of land from Sumer Latara to Umraleng Village in Ri-Bhoi that had originally been assessed at Rs 497.46 crore.
The central issue is the application of the Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation and Resettlement Act 2013 (RFCTLARR Act 2013).
The contention of all the writ petitioners is that a valid assessment and award had been prepared by the District Collector after conducting a statutory inquiry under Section 23 of the RFCTLARR Act 2013.
On May 4, 2023 the Collector had passed the award for Rs 700.29 crore but he was subsequently directed to revise the cost of compensation and this was reduced to Rs 479.46 crore. The petitioners argued that once the original notification was made the Collector had no right to revise the amount.
The government, however, argued that the petitioners had accepted the revised compensation amount on February 19, 2024 without lodging any protest. Counsel also argued that the 2023 award was “at the most” an estimate as it did not contain an apportionment statement and no monies were disbursed at the time.
Instead, the award in 2024 was final in that it provided the situation area and extent of land to be acquired, the final compensation amount and the apportionment statement which contains the minutest of details for the land acquired and the consequent compensation, such as rate per square metre, area of land, market value with factor of 1:1, nature of category of land and structures, apart from the solatium and interest payable and finally the total compensation payable to the land owners.
The RFCTLARR Act 2013 also provides that the award of the Collector shall be final only when the same is filed in the Collector’s office and notice is given to persons interested, who are not present personally when the award is made.
Justice Thangkhiew generally accepted the government counsel’s arguments and dismissed the petitions.
