Meghalaya High Court
Date Of Decision: 22.08.2025 vs State Of Meghalaya on 22 August, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
2025:MLHC:753
Serial No. 04
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
MC(CRAPPL) No. 1 of 2025
Date of Decision: 22.08.2025
Project Director, National High Way Authority of India,
Guwahati.
.....Applicant
-Versus-
1. State of Meghalaya,
Represented by the Commissioner and Secretary,
Revenue Department to the Government of Meghalaya,
Shillong-793001.
2. The Collector, Ri-Bhoi District,
Nongpoh, Meghalaya-793102.
3. Smti. Savita Deorah
Wife of Late A.K. Deorah
Resident of Baridua Village, Ri-Bhoi District
Meghalaya-7893101.
4. Shri. Ashish Deorah
Son of Late Ashok Kumar Deorah,
Resident of Baridua Village, Ri-Bhoi District
Meghalaya-7893101.
.....Respondents
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
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2025:MLHC:753
Appearance:
For the Petitioner/Appellant(s) : Ms. P. Bhattacharjee, Adv.
Mr. F. Bareh, Adv.
For the Respondent(s) : Ms. I. Lyngwa, GA
Ms. S. Laloo, GA (For R 1 & 2)
Ms. M. Hazarika, Sr. Adv. with
Ms. S. Newar, Adv. (For R 3 & 4)
ORDER (ORAL)
1. Heard Ms. P. Bhattacharjee, learned counsel for the applicant who
has submitted that the applicant has filed the cross objection/appeal in the
ongoing appeal being FA No. 2 of 2022, the appellant therein being
aggrieved by the common judgment and order dated 11.03.2020 passed by
the learned Special Judicial Officer, Ri-Bhoi District, Nongpoh in LA Case
No. 109 of 2015.
2. The only ground set forth by the applicant herein for the delay of
about 925 days in preferring the related appeal is the fact that in course of
the proceedings in the said FA No. 2 of 2022 it came to light that the
Collector, who had set the reference case in motion while referring the matter
to the learned Special Judicial Officer had failed to also annex or file along
with it copy of the award. This, has prejudiced the case of the applicant who
has accordingly preferred the related appeal. It is prayed that the delay of 925
days be condoned and the cross objection/appeal be brought on record to
allow the applicant who has already been arrayed as party respondent in FA
No. 2 of 2022 to present their side of the case.
3. Ms. M. Hazarika, learned Sr. counsel appearing for the respondent
Nos. 3 and 4 herein and who is the appellant in FA No. 2 of 2022 has made
no strong objection as far as the prayer made and has instead insisted that if
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the cross objection/appeal is allowed to be brought on board, the matter may
be taken up expeditiously considering the fact that in the meantime the
respondent Nos. 3 and 4/appellant has already concluded their argument.
4. Ms. I. Lyngwa, learned GA appearing for the respondent Nos. 1
and 2 has also indicated that there is no objection on the part of the
Government/Collector if the application for condonation of delay is allowed.
5. Accordingly, on consideration of the submission made,
particularly the concession made by the learned counsels for the respondents
herein, this Court in the interest of justice, is inclined to allow the prayer
made by the applicant herein.
6. The delay in filing the cross objection/appeal of 925 days is hereby
condoned and the said cross objection/appeal is brought on record. It is learnt
that copy of the same has already been served upon the respective parties
herein, as such, no formal notice is required to be issued in this regard.
7. Application disposed of. No costs.
Judge
Signature Not Verified
Digitally signed by 3
TIPRILYNTI KHARKONGOR
Date: 2025.08.22 18:13:42 IST