Shri Lamboklang Mylliemngap Vs. Deputy Commissioner/Collector

High Court of Meghalaya

Shri Lamboklang Mylliemngap Vs. Deputy Commissioner/Collector
Ri-Bhoi District &ors
WP (C) No.373/2016

Decided on: 19.09.2019

Land Acquisition- Article 226 of the Constitution of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more – Section 4, Section 6 Sections 9 and 11
of the Land Acquisition Act, 1894 – Section 21and 23 of the the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Still further, the
Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 are self-contained code within the framework of its limited
purpose of acquisition of land. It provides for complete mechanism for acquisition of land including the
process of execution, payment of compensation as well as legal remedies in case of any grievances. The
petitioner claimed value for the construction of two storied building, whereas, the stand of the State is
that it was raised after the issuance of Notification under Section 4 of the Act. In such circumstances, the
issue involves questions of fact regarding the date of construction and, therefore, the reference Court
would be the appropriate forum to adjudicate the issue. In view thereof, the claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. of the petitioner
that no compensation for two storied building has been granted could not be acceded to in the writ
jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.. Thus, no ground to interfere in the award announced by the State dated 21.03.2014 or the
additional award dated 19.09.2014 has been made out – The Collector had made a reference under
Section 18 of the Act to the Court of Special Judicial Officer at Nongpoh [as per Annexure-10 (page
42 of the affidavitAffidavit An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge.-in-opposition) of respondent No.1] on 17.12.2015 which was ultimately dismissedin-default on 25.11.2016 for non-appearance of the claimant-writ petitioner.

The provisions of Section 18 of the Act are analogous to Section 64 of 2013 Act. The petitioner approached this Court by way of present writ petition on 17.11.2016. Therefore, in the interest of justice and equity, it is directed that
the petitioner shall be at liberty to seek revival of the reference petition made by the Collector which
was dismissed in default on 25.11.2016. Since, the petitioner had approached this Court prior thereto,
and the writ petition was pending in this Court therefore, in case the petitioner moves an application
seeking restoration of the reference petition within 30 days from the date of receipt of certified copy
of the order, the reference Court shall recall its order dated 25.11.2016 and thereafter proceed in the
matter in accordance with law. Accordingly, the writ petition stands disposed of in the manner indicated
above. Needless to say, the observations made hereinbefore are for the purposes of decision of the writ
petition and shall not be taken to be an expression of opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. on the meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. of the controversy