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2016 Supreme(Megh) 92

S.R.SEN
Daplin Umsong – Appellant
Versus
State of Meghalaya – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R. Kar, Advocate
For the Respondent: Capt. Pradeep Kumar, Adv. and Mr. S. Sen Gupta, Addl. Sr. GA

JUDGMENT :

S. R. SEN, J.

1. Heard Mr. R. Kar, learned counsel for the petitioner as well as Capt. Pradeep Kumar, learned counsel for the respondents Nos. 3 and 4 and Mr. S. Sen Gupta, learned Addl. Sr. GA for the respondents Nos. 1 and 2.

2. The brief fact of the petitioner's case in a nutshell is that:

    "The petitioner is a Khasi Woman, who is an Agriculturist/Horticulturist having her own plot of land at Byrnihat area of Ri Bhoi District. In the year 2010 her land was acquired for the purpose of construction of Jorabat to Lad Umroi portion of the National Highway. As she was paid inadequate compensation, she had approached the Collector who referred her case before the Special Judicial Officer at Nongpoh, Ri Bhoi District. The said case which is referred as LA 12 of 2014 is still pending.

That in the mean time in the year 2013 additional plot of her land was acquired under the New Act i.e. The Right to Fair Compensation & Transparency in the Land Acquisition Act, Re-Settlement and Re-Habilitation Act, 2013 which required a separate parameter to be considered for the purpose of award of the acquired land. The New Act was enacted to provide a better deal to the farmers.

However though the

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