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
