Facts
The appellants sought directions requiring the authorities to proceed with and complete land-acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for land in Baghmara, South Garo Hills, required for Phase III Indo-Bangladesh border fencing, and to pay compensation according to law.
Source reference: p. 12At the hearing, the State’s Additional Advocate General tendered a declaration under Section 19 concerning land acquired for border fencing in 23 villages, together with a compilation listing landowners; both were taken on record.
Source reference: p. 12He further stated that a Section 19 notification would be issued within three weeks and that the Government would take steps to pass awards under Section 25.
Source reference: p. 13No one appeared for the appellants.
Source reference: pp. 11–12Issues
1. Whether the authorities should be directed to proceed with and complete the land-acquisition process for the appellants’ land and pay compensation under the Act.
Source reference: p. 122. Whether any issue remained for adjudication after the State’s statements concerning the Section 19 notification and Section 25 awards.
Source reference: p. 13Law Applied
The Court considered the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Section 19 concerns the declaration relating to acquisition, and Section 25 governs the making of awards within the prescribed framework.
Source reference: pp. 12–13No precedents or broader legal principles were cited.
Source reference: no citationReasoning
The Court did not determine the merits of the appellants’ claim or independently assess the acquisition process. Instead, it recorded the State’s tender of the Section 19 declaration and landowner compilation, and accepted the State’s statements that a Section 19 notification would issue within three weeks and that steps would be taken to pass awards under Section 25.
Source reference: pp. 12–13In light of those statements, the Court concluded that nothing further survived for consideration in the appeal.
Source reference: p. 13Holding
The appeal was disposed of as nothing survived for further consideration. The State’s statements regarding issuance of the Section 19 notification within three weeks and steps to pass awards under Section 25 were accepted.
The Additional Advocate General was also directed to provide the appellants’ counsel with a copy of the compilation tendered in Court within one week.
Source reference: p. 13Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20132
Original Court PDF
GREGORY N. MARAK AND ORS.vsSTATE OF MEGHALAYA AND ORS.
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