The court upheld the finality of the land acquisition matter decided in 1975 and the Deputy Commissioner's finding that the land falls within the acquired area, despite the patta issued in 2014.

Judgment

1. Heard Mr. AS Siddiqui, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Mr. KP Bhattacharjee, learned GA appearing for the State respondents.

2. Taking into consideration of the prayer sought for in the present writ petition and also the materials available on record, this writ petition is taken up for disposal at this stage. In the writ petition, the petitioner is assailing the order of the Deputy Commissioner (Revenue), West Garo Hills, Tura dated 30.10.2014 wherein and where-under, the learned Deputy Commissioner (Revenue) West Garo Hills, Tura after, considering the case of the parties and also documentary evidence produced by the parties in support of their case held that the petitioner and others are the encroachers and find it fit to pass an order for eviction of the encroachers under Section 4 of the Meghalaya Public Premises (Eviction of Unauthorized Occupants) Act, 1980. The fact leading to the filing of the present writ petition is briefly noted.

3. A portion of land having total area of 746 Bighas comprises of Plot A, Plot B, Plot C, Plot D, Plot E, Plot F, Plot G, Plot H, Plot I and Plot K had already been acquired by the Govt. and compensation had already been paid to the land owners. It is stated that the Notification under Section 4 of the Land Acquisition Act, 1894 was issued by the Revenue Department, Govt. of Meghalaya vide No. RDA.92/73/111 dated 19.04.1975 and the same was published in the Meghalaya Gazette dated 26.04.1975. After, considering the objection of the interested party, the Govt. of Meghalaya also issued Notification under Section 6 of the Land Acquisition Act, 1984 being No. RDA.92/73/141 dated 17.06.1975 that the said land is required to be acquired by the Govt. of Meghalaya for extension of Training Centre (SIRD) at Dakopgre Office & Residential Complex, Tura. The said Notification under Section 6 of the Land Acquisition Act was also published in the Meghalaya Gazette dated 21.06.1975. The concerned Collector of Land Acquisition, after considering the claim of the interested party to the said land measuring 746 Bighas i.e. Plot A, Plot B, Plot C, Plot D, Plot E, Plot F, Plot G, Plot H, Plot I and Plot K mentioned in the Notification under Section 6of the Land Acquisition Act, 1894 and also documentary evidence produced by the interested party in support of their claim, had prepared the award for compensation. The members of Balchakram Megong Baldak Development Committee, had approached this Court challenging the notice issued by the Deputy Commissioner (Revenue), West Garo Hills, Tura under the Meghalaya Public Premises (Eviction of Unauthorized Occupants) Act, 1980 to the encroachers who are occupying the said land measuring an area of 746 Bighas which had already been acquired by the Govt. and compensation also had already been paid to the interested party. The High Court had directed the parties to place their case before the Deputy Commissioner (Revenue), West Garo Hills, Tura. Pursuant to the directions of this Court, the parties placed their case before the Deputy Commissioner (Revenue), West Garo Hills, Tura, who held that illegal occupants have no right, title or interest in the land in question. Being aggrieved by the said order of the Deputy Commissioner (Revenue), West Garo Hills, Tura, the occupants preferred an appeal before the appellate authority being Revenue Appeal No. MBR/RA.4 of 2010; and that appeal was also dismissed by the Board of Revenue vide order dated 20.07.2010. The said occupants again filed a writ petition challenging the said order of the Board of Revenue dated 20.07.2010 and the High Court rejected the writ petition vide order dated 18.03.2011.

4. Writ appeal had been filed against the judgment and order of the learned Single Judge dated 18.03.2011 for rejecting the writ petition before the Division Bench of the erstwhile Gauhati High Court. The Division Bench of the erstwhile Gauhati High Court v