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2021 Supreme(Megh) 12

W.DIENGDOH
Effilina Marak – Appellant
Versus
State of Meghalaya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. H.L. Shangreiso, Adv.
For the Respondent: Mr. K. Khan, Sr. GA. with Mr. S. Sengupta, Addl. Sr. GA. Mr. A.H. Kharwanlang, GA. Mr. K.P. Bhattacharjee, GA.

JUDGMENT :

1. What can be understood from this writ petition is that the Petitioners are said to be the absolute land owners of land situated at Mendipathar village, North Garo Hills (then East Garo Hills District). The details of the land owned by each of the 29 Petitioners herein is given at paragraph 3 of this writ petition.

2. At paragraph 7 of the writ petition, reference was made to the Notification No. RDA.21/08/134, dated Shillong the 24th November, 2009 issued by the Under Secretary to the Govt. of Meghalaya, Revenue and Disaster Management Department, which is a notification made u/s 4 of the Land Acquisition Act, 1894 indicating the requirement of the Government for construction of new B.G Railway Line from Dudhnoi to Mendipathar. In the same notification, the Government in exercise of power conferred by Section 17(4) of the said Land Acquisition Act, 1894 have decided that in view of the urgency of the project, provisions of Section 5 (A) of the Act shall not apply to the land described above.

3. ‘Public Notice’ No. EGH/REV.235/2009/79, dated Williamnagar, the 30th November 2009 was also issued by the Deputy Commissioner, East Garo Hills, Williamnagar whereby, the Governme

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