SHILLONG, Feb 26: The High Court of Meghalaya has requested the Ri-Bhoi District and Sessions Judge to transmit a case on excess compensation for landowners for the extension of the Umroi Airport to the District and Sessions Judge in Shillong, who is also the Special Judicial Officer under the Land Acquisition Act.
A Division Bench comprising Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh on Wednesday heard the counsels for landowners Steid Dkhar and Mac Lyngdoh D Shira, the purchaser Patricia Nongsiej, the Airports Authority of India, and the state government apart from the Amicus Curiae appointed by the court.
The court noted that the public interest litigation concerns an enquiry into excess compensation, if any, paid to the owners of the land on land acquisition for the Umroi Airport’s extension.
“This application was started at the request of the Supreme Court to the Chief Justice of this court by its order dated 2nd August 2017, to start such an inquiry. An enquiry was duly started. The District Judge, Ri-Bhoi District was directed by this court to conduct the enquiry,” the bench said.
“Orders were passed in this application from time to time by this court monitoring such enquiry. Initially, a report was filed by the District Judge. Subsequently, a second report was invited and filed by the said District Judge,” it said.
Citing a second report of the district judge, the court said that Rs 25,70,80,258, representing 80% of the compensation was received by the owners. There is no dispute that the owners, in due course, would also receive the balance of 20%. (Contd on P-4)
High Court transmits Umroi airport…
(Contd from P-1) According to the said report, the owners received about Rs 9 crore over the market value for the land. “By the tenor of the Supreme Court order, the scope of this application has been widened not only to make an enquiry into the alleged excess sum paid but also to fix responsibility on and take action against the land officials responsible for such illegal act, if proved,” the bench said.
The top court directed the High Court to decide the matter on the judicial side.
Now, this report of the District Judge that Rs 9 crore had been paid in excess to the owners can best be described as an expert opinion on the available evidence or a piece of evidence like an enquiry report or an assessment of mesne profits by a special reference which ought to be subject to proof and thereafter determination of the exact excess amount paid, if any, in a civil jurisdiction.
“To come to a final conclusion only on the basis of the report of the district judge without giving an opportunity to the affected parties or the beneficiaries of the report to disprove those findings or to establish those findings in a proper proceeding, would not be a judicious act,” the court said.
Under such circumstances, the high court requested the Ri-Bhoi District and Sessions Judge to transmit this case to his Shillong counterpart, who is also the Special Judicial Officer under the Land Acquisition Act. The bench said the latter shall treat the same as a reference and decide the question of excess payment of land acquisition compensation following due procedure upon taking necessary evidence, hearing the parties and by a reasoned decision within three months of the communication of this order.
The decision of the judge shall be duly transmitted to this court by the office of the district court and also circulated to all parties to enable the high court to deal with the matter following the said judgment of the Supreme Court.
All subsisting interim orders in this application would continue, the court said. It also directed the state not to disburse the balance 20% of the compensation to the owners without its knowledge.
