Meghalaya High Court
WP(C)/469/2021 of SUNAINA MARAK AND 2 ORS. Vs STATE OF MEGHALAYA AND 4 ORS. on 1 September 2023
No. 09 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 469 of 2021 Date of Decision: 01.09.2023 Shri. Sunaina Marak & 2 Ors. Vs. State of Meghalaya & 4 Ors. Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Mr. A.G. Momin, Adv.
Serial No. 09 Regular List
HIGH COURT OF MEGHALAYAAT SHILLONG
WP(C) No. 469 of 2021
Date of Decision: 01.09.2023Shri. Sunaina Marak & 2 Ors. Vs. State of Meghalaya & 4 Ors.
Coram: Hon’ble Mr. Justice W. Diengdoh, JudgeAppearance: For the Petitioner/Appellant(s) : Mr. A.G. Momin, Adv. For the Respondent(s) : Mr. S. Sen, Sr. GA. with Ms. I. Lyngwa, GA. Mr. A. Momin, GA. i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No ORDER (ORAL)
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1. Heard Mr. A.G. Momin, learned counsel for the petitioners and Mr. S. Sen, learned Sr. GA for the State respondents.
2. The learned counsel for the petitioners has submitted that the grievance of the petitioners raised in this petition is with regard to the process and procedure followed, wherein the land of the petitioners was –acquired for construction of two Laning Shillong Nongstoin section of –––NH 44 and Nongstoin Rongjeng Tura Road State Road under Phase “A” of SARDP – NE. Though, it is admitted that the proceedings as per the Land Acquisition Act, 1894 was duly followed, however, in course of time, the new Act, that is, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into place, wherein the procedure followed by the said Act deals with matters of acquisition and compensation and for which the present proceedings are now followed.
3. The grievance of the petitioners is only to the fact that the award is yet to be published, which according to the learned Sr. GA is a procedural matter and at this juncture, the award is likely to be published at any point of time in accordance with due procedure.
4. The parties agreeing not to agitate the issues raised in this petition on merits, has however, consented that this petition may be disposed of with specific directions to the State respondents to complete the procedure, particularly to publish the said award as expeditiously as possible.
5. Accordingly, as submitted, the State respondent is hereby directed to complete the process including publication of the said award possibly within a period of 6(six) months from the date of a certified copy of this order.
6. This will however not prejudice the rights of the petitioners to approach any legal forum, if and when aggrieved by such proceedings.
7. In view of the above noted directions, this petition is accordingly disposed of.
Judge
Meghalaya
01.09.2023 “D. Nary, PS”