SHILLONG: Ri-Bhoi Deputy Commissioner, Pooja Pandey, has been served a legal notice by the North East Law Associates that states that she will be required to restore back the possession of the land and also provide for reconstruction of the houses demolished at Nongsder and Pyllun villages under Umroi constituency in the district, and also not to disturb the peaceful possession of land by the owner.
Addressing a press conference on Monday, senior advocate Erwin K. Syiem Sutnga, said, “The people are still living in fear whether the district administration will demolish their house and in such case, serving a legal notice is necessary.”
The legal notice states that the Supreme Court issued a stay order on May 13, 2016 against the October 15, 2015 order of the High Court of Meghalaya following the filing of a special leave petition by owner Belinda Lapang relating to the acquisition of land at Pyllun Village, Ri-Bhoi.
The order of the Supreme Court stated, “Implementation of the impugned judgment shall remain stayed, and the matter will again be listed on July 4.”
It may be mentioned that the High Court had directed the Deputy Commissioner, Ri-Bhoi, to take possession of the land forming part of the villages of the petitioners namely R. Sangma, headman of Pyllun village M. Warbah, headman of Nongsder village Welcome Shangpliang and Belinda Lapang.
The Court directed the deputy commissioner to invoke the urgency clause under Section 40 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for taking possession of the lands of the petitioner’s villages which are tribal settlements and therefore governed by special considerations on matters pertaining to land acquisition.
Reacting to this, Sutnga said, “According to Section 40 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, at least 48 hours’ notice should be given by the collector (the DC of Ri-Bhoi).”
“The fact that the affected villages fall within the sixth schedule also has been ignored by the High Court as Section 41 states that acquisition of such land is the last resort,” he said.
He further informed as to the acquisition of land the District Council was not informed and said, “We object to the illegal way in which traditional institution (District Council) was totally ignored.”
According to Sutnga it is unclear as to who forcefully evicted the residents.
A similar legal notice was also served to the Brigade Commander, 24 MTN BDE, Umroi Cantonment.
Headman of Nongsder village, Welcome Shangpliang, said, “On May 5 the land owner along with 22-23 labourers demolished the 10 homes and again on May 10, Patricia Nongsiej, who is not a local resident but who purchased the land came along with magistrates and demolished another five homes.”
