Ex-MLA’s petition on land for rail line
SHILLONG: The High Court of Meghalaya has refused to interfere with the award announced by the state government to former MLA Lamboklang Mylliemngap for the land compensation in connection with the construction of railway line in Ri Bhoi border.
Besides the land, Mylliemngap wanted compensation for the building constructed and hence petitioned the High Court of Meghalaya against the order of the Ri Bhoi Deputy Commissioner/Collector.
The respondents had said that the petitioner was aware of the fact that his plot of land fell within the proposed alignment of the railway line and yet, he chose to construct the two storied structure without seeking any clarification from the office of the collector, after the survey.
“In view thereof, the claim of the petitioner that no compensation for two storied building has been granted could not be acceded to in the writ jurisdiction. Thus, no ground to interfere with the award announced by the state dated 21.03.2014 or the additional award dated 19.09.2014 has been made out”, said the court of Chief Justice Ajay Kumar Mittal.
The district collector had made a reference under Section 18 of the Act to the Court of Special Judicial Officer at Nongpoh which was ultimately dismissed-in-default on November 25, 2016 for nonappearance of the claimant-writ petitioner.
The court said in the interest of justice and equity, the petitioner will be at liberty to seek revival of the reference petition made by the collector which was dismissed in default on November 25, 2016.
The petitioner claims to be the owner and in possession of the landed property along with a two-storied RCC building situated at Ronghona village, Ri-Bhoi measuring about 955.22 square metre.
