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2025 DAILYLAW 1333 (MEG)

ELIBON MARBANIANG v. THE STATE OF MEGHALAYA AND 7 ORS.

WP(C)/449/2024 · 2025-05-14

H S Thangkhiew

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Serial No.06 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 449 of 2024 Date of Decision : 14.05.2025 Smti. Elibon Marbaniang …Petitioner -Versus- 1. The State of Meghalaya Represented by its Chief Secretary, Government of Meghalaya, Shillong. 2. The Secretary to the Government of Meghalaya, Revenue and Disaster Management Department, Shillong. 3. The Collector, Ri-Bhoi District, Nongpoh, Government of Meghalaya. 4. The Additional Deputy Commissioner (Revenue), Ri-Bhoi District, Nongpoh. 5. Smti. Shulaibha Kharpan R/o Kreit, P.O.Mawmih East Khasi Hills District, Meghalaya. 6. Shri. Steve Sylliang, R/o Kreit, P.O.Mawmih East Khasi Hills District, Meghalaya. 2025:MLHC:382 2 7. Ianbor Kurbah, Rangbah Shnong R/o Mairung pdeng, Ri-Bhoi District. 8. Khrawbor Kurbah, Secretary, Mairung pdeng, Ri-Bhoi District. …Respondents Coram: Hon’ble Mr. Justice H.S.Thangkhiew, Judge Appearance: For the Petitioner/Applicant(s) : Mr. P.Yobin, Adv. Mr. A.Dkhar, Adv. For the Respondent(s) : Mr. N.D.Chullai, AAG with Mr. E.R.Chyne, GA for R 1-4. Mr. T.Islam, Adv. for R 5. Mr. L.Syiem, Adv. with Mr. W.Dkhar, Adv. for R 7 & 8. None for R 6. i) Whether approved for reporting in Yes/No Law journals etc: ii) Whether approved for publication Yes/No in press: JUDGMENT AND ORDER (ORAL) 1. Heard learned counsel for the parties. 2025:MLHC:382 3 2. Mr. N.D.Chullai, learned AAG assisted by Mr. E.R.Chyne, learned GA appearing for the respondents No. 1-4 at the outset has apprised this Court that the Collector has since referred the dispute raised by the writ petitioner to the Court of District Sessions Judge/Special Judicial Officer under Sections 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He further submits that as the prayer in the writ petition has been answered, nothing remains for consideration. 3. Mr. P.Yobin, learned counsel appearing for the petitioner however has raised some objections and has submitted that the grievances of the writ petitioner are not only confined to the non-acceptance of the award of compensation, but it also extends to title. He prays that he may be allowed to file a rejoinder to the affidavit filed by the State respondents. 4. I have heard the learned counsel for the parties and also perused the reference dated 07-02-2025. A bare perusal of the same reflects that the dispute raised by the writ petitioner has since been referred to the Special Judicial Officer and a copy of the complaint itself has been enclosed along with the said reference. In the considered view of this Court, nothing remains and it is for the writ petitioner to appear before the Special Judicial 2025:MLHC:382 4 Officer on receipt of notice and to raise any further claims that they might have. 5. The matter is accordingly disposed of on the terms as discussed above. Judge 2025:MLHC:382 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2025.05.14 01:42:16 IST