Meghalaya High Court
Smt Bernadeth B Marak vs State Of Meghalaya on 1 June, 2017
Author: S.R.Sen
Bench: S.R.Sen
1
WP(C). No. 63/2015
BEFORE
THE HON'BLE MR. JUSTICE S.R.SEN
01-06-2017
Heard Mr. HR Nath, learned counsel for the petitioner,
Mr. AH Hazarika, learned State counsel for the State
respondents, Mr. S.Dey, learned counsel for the respondents-
GHADC, Mr. Philemon Nongbri, learned counsel for the respondent No. 10 and Mr. N.Mozika, learned CGC for the respondents-Union of India.
2. Learned State counsel, Mr. AH Hazarika submits that the matter is under process and compensation will be paid very soon so the matter may be disposed of, to which learned counsel for the petitioner, Mr. HR Nath also agreed. Seen para 3 of the additional affidavit filed by the State respondents, the same is reproduced herein below for ready reference:
"3. That as per the Hon'ble High Court Order dated, 26-04-2017 an inquiry was conducted by the Answering deponent in respect of the land in question in the Writ Petition and the inquiry report and its findings are reproduced herein below:
"The undersigned have verified the records pertaining to acquisition of land for the Indo-Bangladesh Border Fencing and it is found that the name of Smti. Bernadeth B. Marak, d/o Shri. Polnesh A. Sangma is listed at Sl. No. 36 among the list of land owners under Dabram village. The land of the concerned petitioner has been enquired and verified to be under the B.P. references No. 1146- 1147/12-T of Indo-Bangladesh Border Fencing. Her plot of land covers an area of 360 sq. Metres out of the total area of 2145 sq. Metres shared among 6 (six) of her relatives, namely Smt. Bernadeth B. Marak (360 sq.m), Shri. Necky B.Marak (150 sq.m), Smt. Pollina B.Marak (195 2 sq.m), Smt. Ontilla B.Marak (720 sq.m), Smt. Benol B. Marak (405 sq.m) and Smt. Matilla B.Marak (315 sq.m).
It may be stated that land she is referring to, as addressed to the Deputy Commissioner, South Garo Hills on 3/2/2015 might have been her own calculation of 150 metres measured vertically from her present proposed plot of land to the pillar between Bangladesh and India, while the measurement of the area has been taken up horizontally by the executing agency, NBCC including the 360 sq. Metres of land of the petitioner as verified by me.
However, it may be informed that the present status of the land acquisition is under process and payment is pending in cases of land owners including the petitioner due to delay in receiving the information from NBCC, Ltd, for assessment of land valuation etc,. Effort is being made to complete the land acquisition process in the shortest time possible."
3. Respondents are directed to make the payment within 3(three) months from the date of this order with all the benefits as per the Land Acquisition Act.
4. With this observation and direction, the instant petition is allowed to that extent and stands disposed of.
JUDGE S.Rynjah