IMPORTANT POINT
The protection of private property and fundamental rights under the Constitution, and the illegality of arbitrary resolutions violating these rights.

JUDGMENT

H.S. Thangkhiew, J. - The petitioners are before this Court by this instant writ application for quashing and setting aside an impugned resolution dated 24.04.2019, passed by the respondents No. 1, 2 and 3 (Village Dorbar and functionaries), and for directions to not restrict the petitioners from using an existing village public road.

2. The two petitioners herein, both senior citizens, engaged in agriculture, are residents of a Village known as Marwir, Myriaw Syiemship, West Khasi Hills. Sometime in the year 2019, the respondent Village Dorbar for the proposed construction of a motorable road on the existing village kutcha road, by availing Government Schemes, had requested the petitioners and 5 other land owners to give No Objection Certificates (NOCs) to part with a portion of their individual lands for construction of the said road. It was then alleged by the respondent No. 1, 2 and 3, that the petitioners had refused to give an NOC, with regard to their portion of land, after which the impugned resolution dated 24.04.2019 was passed. By the impugned resolution, the Village Dorbar restrained the petitioners from using the village road for transportation of their produce, and also forbade any vehicle from transporting or carrying the produce of the petitioners, with the condition that a fine of an amount of Rs. 5,000/-would be imposed on any violator. The petitioners on the resolution being passed against them, approached the respondents No. 1, 2 and 3, requesting them to reconsider the same and to compromise the matter, but it appears the same bore no fruit. Thereafter the petitioners lodged a complaint before the Police on 23.10.2019, which was however withdrawn, on the assurance by the respondents No. 2 and 3 that the matter would be settled amicably. However, as the matter remained unsettled, the petitioners then approached the State respondents, by way of a representation, against the mis-treatment and discrimination meted out to them by the respondent Village Dorbar. Though certain efforts were made by the State respondents, through the Block Development Officer, Mawthadraishan, (Respondent No. 6) and also by the Gram Sevak, no solution could be arrived at, which had therefore compelled the petitioners to approach before this Court.

3. Mr. H.L. Shangreiso, learned Senior counsel assisted by Mr. T. Dkhar, learned counsel for the petitioners has submitted that the petitioners have faced undue hardships and incurred substantial financial loss, as their agricultural produce, and essential commodities has not been allowed to be transported via the village road due to the resolution of the respondent Village Dorbar, forbidding usage of the same. Learned Senior counsel submits that the petitioners in fact, by a letter dated 02.03.2022, which is appended at Annexure-6, had refused to sign the NOC, because the respondent Village Dorbar had asked them to sign the NOCs, even for the lands which belonged to the other land owners. It is submitted by the Learned Senior counsel that as far as their portion of land is concerned, the petitioners are ready to sign the NOC. He submits that as the actions of the respondents has resulted in grave injustice being caused which is violative of Articles 14, 19, 21 and 300-A of the Constitution of India, the impugned resolution was liable to be quashed and the respondents Village Dorbar be made to compensate the petitioners for the loss and injustice caused.

4. Mr. S. Chakrawarty, learned Senior counsel assisted by Ms. A. Barua, learned counsel for the respondents No. 1, 2 and 3 submits that the Project for constructing a motorable road in the Village under the available Government Schemes, was for the general benefit of all residents of Marwir Village and its surrounding areas. Learned Senior counsel further submits that the refusal of the petitioners to contribute any land, whereas