JUDGMENT :

H.S. Thangkhiew, J.

1. This matter has been posted for final disposal. Heard the learned counsels for the parties. Without again alluding to the background facts of the instant case, it is worthwhile to note that this matter had been heard at length on the issue of the liability of the respondents especially respondent No. 5, and the same had culminated and discussed in the order dated 27.11.2019 passed by this Court.

2. By the above mentioned order, directions were issued for the constitution of a Committee which was to cause inspection to the land of the petitioner to ascertain the damage and extent thereof, in the presence of all the parties concerned. For its relevance and convenience, the order dated 27.11.2019, is reproduced herein below:

"27.11.2019

1. The case of the petitioner in brief is that the respondent No. 5 in the course of construction of the Umsning by-pass, dumped a huge amount of earth and debris into the land of the petitioner, which resulted in the loss of two perennial water sources apart from making the land unfit for cultivation and has also destroyed the fishery ponds, poultry farm and piggery sheds situated on the land. Further case is that despite repeated complaints before the respondents No. 4 and 5 regarding their grievances, though some steps were taken by the respondent No. 5 to restore the two water sources, the same was wholly inadequate and the petitioner is facing mounting problems and inconvenience because of the dirt and debris that is still present in his land and has suffered great loss in this regard.

2. The petitioner apart from several complaints both verbal and written had addressed a legal notice to the respondents No. 4 and 5 and in the reply dated 24th July 2018, of the Deputy Commissioner, Ri Bhoi District (Annexure-13) to the writ petition, it is seen that, the revenue officials from the Deputy Commissioners office along with officials of the respondent No. 5 and the land owner had inspected the site and found that the complaint was genuine.

3. Heard Mr. G.S. Massar, learned Sr. counsel assisted by Ms. L. Phawa, learned counsel for the petitioner. Mr. N.D. Chullai, learned AAG assisted by Ms. R. Colney, learned GA for the respondent No. 2 to 4 and Capt. Pradip Kumar, learned counsel assisted by Capt. C.R. Deka, learned counsel for the respondent No. 5.

4. Mr. G.S. Massar, learned Sr. counsel submits that extensive damage had been caused to the petitioner's land, by the respondent No. 5 authority beyond the portion acquired for construction for the Umsning By-pass highway. He submits for the recklessness and negligence in undertaking the construction wherein severe collateral damage has been caused, the respondents are liable to compensate the petitioner adequately. Learned Sr. counsel has drawn the attention of the Court to the annexed photographs showing the extent of damage caused to the petitioner's land. He further, submits that the respondent No. 4 having already come to a finding that the case of the petitioner is genuine, there is no impediment for this Court to direct the respondent No. 5 to make good the loss suffered by compensating for the same.

5. Capt. Pradip Kumar, learned counsel in his reply submits that the respondent No. 5 has taken adequate safeguards while constructing the by-pass which are sufficient as per site conditions, and the respondent No. 5 has not used the petitioner's un-acquired land for the construction of the highway. He contends that the project highway and road structures have been constructed as per approved land and profile within ROW (Right of Way) of NHAI and all the cross drainage structures, are planned as per the natural flow of the rain water passing through the fields, keeping in view the high flood levels and hydraulic data of the site. He further submits that as per request of the petitioner land owner and the Extra Assista