Worda Nongbsap v. Union of India and 9 Ors

JUDGMENT AND ORDER (ORAL)

¶1Heard Mr. H.R. Nath, learned counsel for the petitioner.

¶2Issue notice.

¶3Mr. A. Kumar, learned AG assisted by Mr. A.H. Kharwanlang, learned Addl. Sr. GA is present and accepts notice on

behalf of the respondents No. 1 to 5, so no further notice is called for in respect of these respondents.

¶4No notice is necessary to the other respondents at this stage, as the matter is being disposed of, on a point of law itself.

¶5The grievance of the writ petitioner as projected in the writ petition is with the withdrawal of compensation amount for a certain plot of land by the respondent No. 8, to which she claims that she is the title holder.

¶6Mr. H.R. Nath, learned counsel for the petitioner has submitted that the writ petitioner was not aware that the land in question known as Khri Blei situated at Dewsaw Village, Sohiong Lyngdohship, had been acquired. He further submits that the respondent No. 8, through fraudulent means had misrepresented and had received the compensation. He prays that appropriate directions be issued to the Deputy Commissioner to initiate action against the respondent No. 8, for his illegal actions.

¶7Mr. A. Kumar, learned AG assisted by Mr. A.H. Kharwanlang, Addl. Sr. GA for the respondents Nos. 1 to 5, has submitted that the writ petition is misdirected, inasmuch as, under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, adequate remedy is

provided. He submits that there is no merit in the writ petition as it is a question and dispute as to who is to receive the compensation, and as such the writ petition deserves no consideration.

¶8On hearing the learned counsel for the parties and also on examining of the materials as placed, it is seen that the grievance of the writ petitioner is limited to the fact that the respondent No. 8, as per her claim has illegally received the compensation for the plot of land known as Khri Blei, by misrepresenting before the concerned authorities.

¶9As the writ petitioner has adequate alternate remedy to resort to under the Act, and as this writ petition is also involving disputed question of facts, the same is not entertained and is accordingly dismissed at the motion stage itself.

JUDGE

Meghalaya

18.08.2025 "V. Lyndem-PS"

Date: 2025.08.18 16:51:18 IST

Serial No. 01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 341 of 2025 Date of Decision: 18.08.2025 Smti Worda Nongbsap, D/o (L) Phurjina Nongbsap, Aged about 63 years R/o Dewsaw Village, Sohiong Lyngdohship, East Khasi Hills District, Meghalaya … Petitioner(s) Versus 1. Union of India represented by Secretary Ministry of Road and Transport and Highways, Government of India, New Delhi. 2. State of Meghalaya represented by The Chief Secretary, Government of Meghalaya, Shillong. 3. General Manager (P) NHIDCL, PMU, East Khasi Hills District, Meghalaya 4. Secretary Revenue & Disaster Management Department, Government of Meghalaya. 5. Deputy Commissioner (Revenue), East Khasi Hills District, Meghalaya. 6. Lyngdoh, Sohiong Lyngdohship, Sohiong, East Khasi Hills District, Meghalaya 7. Sirdar Shnong Dewsaw Sohiong Lyngdohship East Khasi Hills District, Meghalaya 8. Shri Hobar Mawlong, S/o (L) Jrain Mawlong, R/o Dewsaw Village, Sohiong Lyngdohship East Khasi Hills District, Meghalaya 9. Smti Esmary Nongbsap, D/o (L) Phurjina Nongbsap, R/o Lumpdeng 3rd Mile Upper Shillong, East Khasi Hills District, Meghalaya 10. Smti Elinda Nongbsap, D/o Esmary Nongbsap, R/o Lumpdeng 3rd Mile Upper Shillong, East Khasi Hills District, Meghalaya … Respondent(s) Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner(s) : Mr. H.R. Nath, Adv. with Mr. I.B. Nongrum, Adv. Ms. B. Sun, Adv. For the Respondent(s) : Mr. A. Kumar, AG with Mr. A.H. Kharwanlang, Addl. Sr. GA Ms. S. Laloo, GA (For R 1-5) i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: