Meghalaya High Court
Smti. Ortimai Thangkhiew vs The State Of Meghalaya on 13 August, 2025
Author: H.S.Thangkhiew
Bench: H.S.Thangkhiew
2025:MLHC:719
Serial No.16
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C). No. 160 of 2024
Date of Decision: 13.08.2025
1. Smti. Ortimai Thangkhiew,
Daughter of (L) Jiedmon Thangkhiew.
2. Shri. Winningroy Thangkhiew,
Son of (L) Patrit Thangkhiew.
3. Smti. Saramon Thangkhiew,
Dauguther of (L) Patrit Thangkhiew.
4. Smti. Bapramon Thangkhiew,
Daughter of (L) Patrit Thangkhiew.
...Petitioners
-Versus-
1. The State of Meghalaya
Represented by the Chief Secretary of Meghalaya,
Government of Meghalaya.
2. The Deputy Commissioner,
Ri-Bhoi District,
Nongpoh, Meghalaya.
3. The Additional Deputy Commissioner (Revenue)
Ri-Bhoi District, Nongpoh,
Meghalaya.
4. Smti. Nangrilang Thangkhiew,
Resident of Lamavilla, Shillong,
Mylliem Syiemship,
East Khasi Hills District, Meghalaya.
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2025:MLHC:719
5. Shri. Esingroy Thangkhiew,
R/o Lumjingsuk, Block-A,
Madanrting, Shillong-793021,
East Khasi Hills District,
Meghalaya.
6. Shri. Bresslyeofelus Thangkhiew,
R/o Mawlai Iewrynghep, Shillong-793017,
East Khasi Hills District,
Meghalaya.
7. Shri. Livingstone Thangkhiew,
R/o Dong Umbah, Umpling,
Shillong-793006,
East Khasi Hills District,
Meghalaya.
...Respondents
Coram:
Hon'ble Mr. Justice H.S.Thangkhiew, Judge
Appearance:
For the Petitioner/Applicant(s) : Mr. S.Marpan, Adv.
For the Respondent(s) : Mr. S.Sen, GA with
Ms. R.Colney, GA for R 1-3.
Mr. K.S.Kharshiing, Adv. for R 4.
Ms. G.C.Marboh, Adv. for R 5-7.
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
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2025:MLHC:719
JUDGMENT AND ORDER (ORAL)
1. Mr. S.Marpan, learned counsel appearing for the petitioners, submits
today that the matter may be closed, as the writ petitioners have since
preferred an application under Section 64 of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013.
2. Mr. S.Sen, learned GA appearing for the respondents No. 1, 2 &3, has
no objection to the matter being closed as the same will be dealt with by the
authority under Section 64.
3. Mr. K.S.Kharshiing, learned counsel appearing for the respondent No.
4, has however, raised objections as to the maintainability of the writ
petitioners’ application under Section 64 of the Act, and has referred to
Section 63 of the Act, and submits that as jurisdiction before the Civil Court
is barred, once they have come before this Court, they are estopped from
approaching any forum.
4. On hearing the learned counsel for the parties, it is noted that the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013, is a special Act, which has been enacted for the
purposes of matters related to the acquisition of land, and as such, any matter
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2025:MLHC:719
or dispute related thereto, apart from where fundamental rights of citizens
are said to be violated, will surely lie before the authority prescribed under
the Act itself. The objection of Mr. K.S.Kharshiing, learned counsel for the
respondent No. 4, is therefore not tenable.
5. Accordingly, the writ petition is closed and disposed of, however,
with the direction that the authority shall give due consideration on the issue
of condonation, especially on the time spent pursuing the matter before this
Court. It is needless to add, proper notice shall be served upon the
respondents when the matter is taken up before the said authority.
6. Matter accordingly stands closed and disposed of.
Judge
Signature Not Verified 4
Digitally signed by
SAMANTHA ANNA LIYA
RYNJAH
Date: 2025.08.13 05:29:17 IST
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