IMPORTANT POINT
The main legal principle established is the application of 'absolute liability' and the doctrine of negligence in cases of damage caused by construction activities, holding the responsible party liable for compensation.

JUDGMENT

1. What could be gathered from the averments made in this petition is that the petitioner is the owner of a plot of land at Lum Umpih, Umsning, Ri-Bhoi District and the adjacent land was owned by her sister Smti. Sainara Nongbet.

2. The petitioner has also stated that she has since developed her land with the construction of an Assam type 2 BHK cottage, a swimming pool and a proper farm which consists of a fishery, cow sheds, poultry, piggery as well as a duck and swan pond amongst others.

3. For the purpose of construction of a 4(four) lane Umsning bypass on the Shillong-Guwahati highway, the respondent No. 4 (District Collector) had initiated land acquisition proceedings under the Land Acquisition Act, 1894 during the year 2010. In the process, the land of the petitioner's sister was acquired, while the land of the petitioner which was adjacent was not acquired. However, in the declaration under Section 6 of the said Land Acquisition Act, dated 25.02.2014 issued by the Deputy Secretary to the Government of Meghalaya, Revenue & Disaster Management Department, the name of the petitioner appeared at serial No. 63, 66, 67, & 69, which is actually the land belonging to Smti. Sainara Nongbet. Smti Sainara Nongbet has accordingly clarified this fact by way of a letter addressed to the Deputy Commissioner, Ri-Bhoi District dated 06.05.2014 and eventually, the land compensation award for the said plots mentioned above was received by the said Smti Sainara Nongbet.

4. The respondent No 5, the National Highway Authority of India (NHAI) then took over the land acquired and commenced with the construction of the said bypass. In the process of construction of the said road, huge amount of earth was dumped in the land of the petitioner without taking any precautionary measures of construction of a retaining wall to contain the spillage into the land of the petitioner. In fact, soil which was dumped beyond the land acquired resulted in tonnes of soil, rocks and other debris being deposited into the petitioner's land. Drains which directly discharged unto the land of the petitioner were constructed without any outlets, again resulting in silt and mud flowing thereby destroying the cultivation, piggery structure and the fish pond being filled with mud and silt.

5. To this effect, the petitioner had submitted a representation to the respondent No. 4 on 25.01.2018 for redressal of her grievances, however no action was taken even to cause inspection to ascertain the extent of the damages, which compelled the petitioner to approach this Court with this petition.

6. The respondent No 5, on receipt of notice has filed a counter affidavit refuting the assertions of the petitioner, and has also filed a number of additional affidavits at every juncture where it considered necessary to do so.

7. It may be mentioned that this Court in course of these proceedings has, vide order dated 01.11.2018 directed that inspection be carried out to ascertain the extent of the damage in the land of the petitioner and again, on 24.04.2019 has directed the respondent No. 4 to fix a date for another inspection with advance intimation to the parties concerned. The same has been complied with and the Inspection Report dated 09.05.2019 was brought on record by the respondent No. 4 by way of an additional affidavit dated 26.06.2019.

8. The report dated 09.05.2019 filed on the basis of the inspection conducted on 07.05.2019 is reproduced herein for better clarity:

'SITE INSPECTION REPORT AND ASSEMMENT OF DAMAGE DUE TO CONSTRUCTION OF 4- LANE BY NAHI IN THE LAND OF Dr. (Mrs). PHILAMON NONGBET, LUMUMPIH, UMSNING BYE PASS.

In pursuance of your letter No. DCRB (LA) 43/2018/Rev/67/848: dated Nongpoh, the 30th April, 2019, the undersigned have re-conducted inspection along with the Officials from NHAI, Agriculture, Horticulture, PWD (Building) and Fisheries Department on the 7th May, 2019 and it is found that the land/structures and crops of Dr. (Mrs). Philamon Nongbet at Lum Umph