Shri. Lowis Sangma vs State Of Meghalaya on 12 March, 2025

Date:

Meghalaya High Court

Shri. Lowis Sangma vs State Of Meghalaya on 12 March, 2025

Author: H. S. Thangkhiew

Bench: H. S. Thangkhiew

                                                         2025:MLHC:164




Serial No. 31-39
Regular List
                        HIGH COURT OF MEGHALAYA
                               AT SHILLONG
    WP(C) No. 151 of 2024 with
    WP(C) No. 152 of 2024
    WP(C) No. 153 of 2024
    WP(C) No. 154 of 2024
    WP(C) No. 155 of 2024
    WP(C) No. 156 of 2024
    WP(C) No. 157 of 2024
    WP(C) No. 158 of 2024
    WP(C) No. 159 of 2024                Date of Decision: 12.03.2025

    In WP(C) No. 151 of 2024
    Shri. Lowis Sangma
    S/o Jensingh Marak                               :::Petitioner

           -Vs-

    1.State of Meghalaya
    Represented by the Secretary
    Government of Meghalaya
    Shillong, East Khasi Hills, Meghalaya

    2.Chief Engineer, (N.H) P.W.D (Roads)
    Shillong, East Khasi Hills, Meghalaya

    3.Executive Engineer P.W.D. (Roads),
    Mawshynrut Division, Mawshynrut,
    West Khasi Hills, Meghalaya

    4.The Superintendent Engineer P.W.D.
    (Roads) Western Circle, Nongstoin,
    West Khasi Hills, Meghalaya

    5.Syiem of Nongstoin,
    Nongstoin Syiemship, Nongstoin,
    West Khasi Hills District, Meghalaya

                                           1
                                                    2025:MLHC:164




6.Deputy Commissioner, West Khasi
Hills District, Nongstoin, Meghalaya       :::Respondents


In WP(C) No. 152 of 2024
Shri. Pandit D. Sangma
S/o Rabestar Sangma                            :::Petitioner

      -Vs-

1.State of Meghalaya
Represented by the Secretary
Government of Meghalaya
Shillong, East Khasi Hills, Meghalaya

2.Chief Engineer, (N.H) P.W.D (Roads)
Shillong, East Khasi Hills, Meghalaya

3.Executive Engineer P.W.D. (Roads),
Mawshynrut Division, Mawshynrut,
West Khasi Hills, Meghalaya

4.The Superintendent Engineer P.W.D.
(Roads) Western Circle, Nongstoin,
West Khasi Hills, Meghalaya

5.Syiem of Nongstoin,
Nongstoin Syiemship, Nongstoin,
West Khasi Hills District, Meghalaya

6.Deputy Commissioner, West Khasi
Hills District, Nongstoin, Meghalaya       :::Respondents




                                       2
                                                       2025:MLHC:164




In WP(C) No. 153 of 2024
Shri. Witnar S. Sangma
S/o Oding Marak                            :::Petitioner

      -Vs-

1.State of Meghalaya
Represented by the Secretary
Government of Meghalaya
Shillong, East Khasi Hills, Meghalaya

2.Chief Engineer, (N.H) P.W.D (Roads)
Shillong, East Khasi Hills, Meghalaya

3.Executive Engineer P.W.D. (Roads),
Mawshynrut Division, Mawshynrut,
West Khasi Hills, Meghalaya

4.The Superintendent Engineer P.W.D.
(Roads) Western Circle, Nongstoin,
West Khasi Hills, Meghalaya

5.Syiem of Nongstoin,
Nongstoin Syiemship, Nongstoin,
West Khasi Hills District, Meghalaya

6.Deputy Commissioner, West Khasi
Hills District, Nongstoin, Meghalaya         :::Respondents

In WP(C) No. 154 of 2024
Shri. Damsing Sangma
S/o Kophi Marak                            :::Petitioner

      -Vs-

1.State of Meghalaya
Represented by the Secretary
Government of Meghalaya
Shillong, East Khasi Hills, Meghalaya




                                       3
                                                       2025:MLHC:164




2.Chief Engineer, (N.H) P.W.D (Roads)
Shillong, East Khasi Hills, Meghalaya

3.Executive Engineer P.W.D. (Roads),
Mawshynrut Division, Mawshynrut,
West Khasi Hills, Meghalaya

4.The Superintendent Engineer P.W.D.
(Roads) Western Circle, Nongstoin,
West Khasi Hills, Meghalaya

5.Syiem of Nongstoin,
Nongstoin Syiemship, Nongstoin,
West Khasi Hills District, Meghalaya

6.Deputy Commissioner, West Khasi
Hills District, Nongstoin, Meghalaya         :::Respondents

In WP(C) No. 155 of 2024
Shri. Joster Sangma
S/o Gardinat Marak                         :::Petitioner

      -Vs-

1.State of Meghalaya
Represented by the Secretary
Government of Meghalaya
Shillong, East Khasi Hills, Meghalaya

2.Chief Engineer, (N.H) P.W.D (Roads)
Shillong, East Khasi Hills, Meghalaya

3.Executive Engineer P.W.D. (Roads),
Mawshynrut Division, Mawshynrut,
West Khasi Hills, Meghalaya


4.The Superintendent Engineer P.W.D.
(Roads) Western Circle, Nongstoin,
West Khasi Hills, Meghalaya


                                       4
                                                       2025:MLHC:164




5.Syiem of Nongstoin,
Nongstoin Syiemship, Nongstoin,
West Khasi Hills District, Meghalaya

6.Deputy Commissioner, West Khasi
Hills District, Nongstoin, Meghalaya         :::Respondents

In WP(C) No. 156 of 2024
Shri. Pun Sangma
S/o Om Marak                               :::Petitioner

      -Vs-

1.State of Meghalaya
Represented by the Secretary
Government of Meghalaya
Shillong, East Khasi Hills, Meghalaya

2.Chief Engineer, (N.H) P.W.D (Roads)
Shillong, East Khasi Hills, Meghalaya

3.Executive Engineer P.W.D. (Roads),
Mawshynrut Division, Mawshynrut,
West Khasi Hills, Meghalaya

4.The Superintendent Engineer P.W.D.
(Roads) Western Circle, Nongstoin,
West Khasi Hills, Meghalaya

5.Syiem of Nongstoin,
Nongstoin Syiemship, Nongstoin,
West Khasi Hills District, Meghalaya



6.Deputy Commissioner, West Khasi
Hills District, Nongstoin, Meghalaya         :::Respondents




                                       5
                                                       2025:MLHC:164




In WP(C) No. 157 of 2024
Smti.. Norsing Songsak
D/o Monin Riangsiang                              :::Petitioner

      -Vs-

1.State of Meghalaya
Represented by the Secretary
Government of Meghalaya
Shillong, East Khasi Hills, Meghalaya

2.Chief Engineer, (N.H) P.W.D (Roads)
Shillong, East Khasi Hills, Meghalaya

3.Executive Engineer P.W.D. (Roads),
Mawshynrut Division, Mawshynrut,
West Khasi Hills, Meghalaya

4.The Superintendent Engineer P.W.D.
(Roads) Western Circle, Nongstoin,
West Khasi Hills, Meghalaya

5.Syiem of Nongstoin,
Nongstoin Syiemship, Nongstoin,
West Khasi Hills District, Meghalaya

6.Deputy Commissioner, West Khasi
Hills District, Nongstoin, Meghalaya         :::Respondents

In WP(C) No. 158 of 2024
Shri. Golsmit Marak
S/o Muhit Sangma                           :::Petitioner

      -Vs-

1.State of Meghalaya
Represented by the Secretary
Government of Meghalaya
Shillong, East Khasi Hills, Meghalaya



                                       6
                                                       2025:MLHC:164




2.Chief Engineer, (N.H) P.W.D (Roads)
Shillong, East Khasi Hills, Meghalaya

3.Executive Engineer P.W.D. (Roads),
Mawshynrut Division, Mawshynrut,
West Khasi Hills, Meghalaya

4.The Superintendent Engineer P.W.D.
(Roads) Western Circle, Nongstoin,
West Khasi Hills, Meghalaya

5.Syiem of Nongstoin,
Nongstoin Syiemship, Nongstoin,
West Khasi Hills District, Meghalaya

6.Deputy Commissioner, West Khasi
Hills District, Nongstoin, Meghalaya         :::Respondents

In WP(C) No. 159 of 2024
Shri. Rongil Sangma
S/o Riksin Marak                           :::Petitioner

      -Vs-

1.State of Meghalaya
Represented by the Secretary
Government of Meghalaya
Shillong, East Khasi Hills, Meghalaya

2.Chief Engineer, (N.H) P.W.D (Roads)
Shillong, East Khasi Hills, Meghalaya

3.Executive Engineer P.W.D. (Roads),
Mawshynrut Division, Mawshynrut,
West Khasi Hills, Meghalaya

4.The Superintendent Engineer P.W.D.
(Roads) Western Circle, Nongstoin,
West Khasi Hills, Meghalaya



                                       7
                                                              2025:MLHC:164




5.Syiem of Nongstoin,
Nongstoin Syiemship, Nongstoin,
West Khasi Hills District, Meghalaya

6.Deputy Commissioner, West Khasi
Hills District, Nongstoin, Meghalaya                 :::Respondents

Coram:
             Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner/Appellant(s) :      Mr. H.R. Nath, Adv.

For the Respondent(s)           :      Mr. R. Gurung, GA with
                                       Ms. S. Bhattacharjee, GA
                                       Mr. H. Abraham, GA
                                       Ms. S. Shyam, GA (For R 1-4,6)
                                       Mr. M.L. Nongpiur, Adv. (For R 5).


i)    Whether approved for reporting in                   Yes/No
      Law journals etc.:

ii)   Whether approved for publication
      in press:                                           Yes/No
                   JUDGMENT AND ORDER (ORAL)

1. This bunch of writ petitions being identical and seeking the same

reliefs are being disposed of by this common judgment and order.

2. The petitioners in all the writ petitions being aggrieved with a notice

dated 15.01.2024, issued by the respondent No. 3, with regard to their

alleged encroachment on P.W.D. land (Right of Way), are before this Court

8
2025:MLHC:164

for quashing and setting aside of the impugned notice and for other reliefs

such as recognition of the petitioners to be in lawful possession of their

respective plots or establishments.

3. Mr. H.R. Nath, learned counsel for the petitioners has submitted that

the petitioners belong to a clan known as ‘Dorangre Songsak’ and that since

the time of their ancestors have been in occupation and possession of an

area known as ‘Riangsngi’ and that the respondent No. 5, the Syiem of

Nongstoin, had on 21.01.1982, certified and registered the land in favour of

the said clan. It is further submitted that the area alleged to have been

encroached upon by the petitioners falls under the ‘Riangsngi’ land,

wherein the petitioners have constructed RCC and other kaccha structures

for habitation and commercial purposes, and have been running these small

businesses for many years. He therefore contends that the impugned letter

dated 15.01.2024, issued by the respondent No. 3, Executive Engineer

PWD, directing the petitioners to relocate and shift being arbitrary and

without following the due process of law, is liable to be set aside and

quashed.

4. Mr. R. Gurung, learned GA along with Ms. S. Bhattacharjee, learned

GA, Mr. H. Abraham, learned GA and Ms. S. Shyam, learned GA for the

respondents No. 1-4 and 6 has submitted that the writ petitioners have

encroached upon the Right of Way of an existing PWD Road, and as such,

9
2025:MLHC:164

have rightfully been served with the impugned notice to remove and shift

any structures impeding the Right of Way. The land in question it is

submitted, over which the petitioners claim ownership had been acquired

from the ‘Dorangre Songsak’ clan, as far back as on 1984, for construction

of the PWD Road, and compensation and payments had been made which

was received by the agents of the respective clans. In this context, the

learned GA has drawn the attention of this Court to a document dated

07.12.1983, annexed to the writ petitions to substantiate the fact that the

owners of the said land had appointed one Shri. Wittarson Songsak as the

agent to claim the land compensation. The learned GA has also drawn the

attention of this Court to a series of documents, which contain notices under

Section 12(2) of the Land Acquisition Act 1894, all dated 09.01.1984, to

show that award of land compensation had been made by the Collector for

the said acquisition. He therefore submits that the petitioners apart from

their unsubstantiated claim to be descendants of the original owners of the

land, even if the same were to be true, in view of the acquisition for the

PWD Road, their right no longer survives, and the writ petitions deserve no

consideration and should be dismissed.

5. Mr. M.L. Nongpiur, learned counsel for the respondent No. 5 has

advanced no submissions, as the respondent No. 5 is not a contesting

10
2025:MLHC:164

respondent, but has only remarked that with regard to the Right of Way, the

same should have been done by a proper survey.

6. Having heard the learned counsel for the parties, this Court notes at

the outset on perusing the materials that the petitioners, though claiming to

be descendants of the persons mentioned in the instrument of the respondent

No. 5, who are listed as owners of ‘Riangsngi’ have not produced any proof

or shown in which manner, as to how they are related or descended from the

said persons. On this aspect itself, the locus of the petitioners becomes

suspect. Further, the affidavit on behalf of the State respondents has detailed

the acquisition of the said land for construction of the road, with due

compensation being received by the interested persons of the ‘Dorangre

Songsak’ clan, as evidenced by Annexure – 2 to the affidavit, wherein

members of the clan have appointed one Shri. Wittarson Songsak, to be

their agent, who received the award on 12.01.1984, as per the document

annexed at Page – 80 of the affidavit. A consolidated voucher showing the

payment of compensation to different parties including Shri. Wittarson

Songsak, for construction of the said road namely ‘Nongdaju-Nongshram’

road has also been annexed at Page – 84 of the affidavit.

7. All these writ petitions strangely have made no mention of the said

acquisition proceedings, but have only sought to agitate the rights of the

petitioners on the basis of the document of the respondent No. 5, without

11
2025:MLHC:164

any connection being shown to the said people named therein, or any

mention about the location of the said land they are in occupation of, nor the

area, or nature of structures raised by them.

8. In the backdrop of these facts and circumstances therefore, the

petitioners having not established their locus, or made out any case

whatsoever for any interference by this Court in exercise of writ jurisdiction

under Article 226 of the Constitution of India, all these writ petitions stand

dismissed.

9. No order as to costs.

Judge

Meghalaya
12.03.2025
“D.Thabah-PS”

Signature Not Verified 12
Digitally signed by DARIHUN
THABAH
Date: 2025.03.12 16:34:41 IST



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Share post:

Subscribe

spot_imgspot_img

Popular

More like this
Related