Gauhati High Court
Indigenous Biodiversity Human Rights ... vs The Union Of India & 21 Ors on 26 October, 2017
Author: Manojit Bhuyan
Bench: Manojit Bhuyan
PIL No.33 of 2015
BEFORE
HON'BLE THE CHIEF JUSTICE MR. AJIT SINGH
HON'BLE MR. JUSTICE MANOJIT BHUYAN
26.10.2017
(Ajit Singh, C.J.)
Mr.PN Choudhury, learned counsel for the petitioners.
Mr.R Dhar, learned Additional Senior Government Advocate,
Assam, assisted by Ms.RB Bora, learned Junior Government
Advocate, Assam for respondent Nos.5, 6, 8 and 10 and Mr.K
Goswami and Mr.A Sandilya, learned counsel for Respondent Nos.11,12,13,20 and 21.
In the present Public Interest Litigation, the petitioners are aggrieved with the acquisition of land for the construction of National Highway Golden Quadrilateral East-West Corridor 4 Lane High Speed Road between Harangjao to Maibang in District Dima Hasao, Assam. The petitioners are also aggrieved with the inadequate compensation paid to the land owners. It is to be noted that Graham Deibormi Lakiang is the General Secretary of Petitioner No.1.
The North Cachar Hills Autonomous Council, in its reply, has stated that except for few, all persons, whose lands are acquired, have accepted the compensation without raising any objection. It is also stated that construction of road is in larger public interest and the petition filed in the garb of Public Interest Litigation is wholly misconceived. According to the North Cachar Hills Autonomous Council, petitioner Nos.2,3,4,5,7,8,9 and 11 had initially objected to the assessment of compensation, but later, during the pendency of this Public Interest Litigation, they have received compensation vide cheques dated 11.8.2016 and have also issued No Objection Certificate dated 20.2.2017. In respect of Petitioner Nos.6,10,12,13 and 14, it is stated that on joint verification and assessment, it was found that the Page 1 of 2 plot of land, for which, they were claiming compensation, actually belonged to the Songbung High School and they were only allowed to occupy the same temporarily and hence, were not entitled to receive any compensation. Accordingly, the compensation has been paid to the President of Songbung High School. Also in respect of petitioner Nos.15,16,17 and 18, on joint verification, it was found that their land is located outside the right of way and hence, they are not entitled to receive compensation.
The road, in question, has been constructed for public use. It will definitely serve larger public interest. And if for construction of road, certain lands have been acquired, nothing prevents the aggrieved land owners from taking recourse to remedy available to them under the provisions of the Land Acquisition Act. As seen above, but for petitioner No.1, the cases of all the petitioners for compensation have already decided by the North Cachar Hills Autonomous Council.
Graham Deibormi Lakiang is the General Secretary of Petitioner No.1. Earlier also, he had filed PIL No.77/2014 against the acquisition of land and properties situated by the side of Public Works Department proposed 2 Lane Road, which was to be upgraded/improved under the programme known as "Special Accelerated Road Development Programme in North-East". His petition was dismissed by this court, vide order dated 1.4.2016 against which he filed Special Leave Petition (Civil) No.17140/2017 but it too was dismissed by the Supreme Court vide order dated 4.7.2017 with costs of Rs.50,000/-.
In the fact situation of the case, we are of the view that the present Public Interest Litigation is not a genuine Public Interest Litigation. It is accordingly dismissed.
JUDGE CHIEF JUSTICE
skd
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