Kohima,March 14 (MExN):The Additional Advocate General (AAG) of Nagaland today informed the Gauhati High Court Kohima Bench that the State Government is taking steps to release money for damage compensation to affected landowners in Phek in accordance with the Court’s order on February 29.
The AAG also produced a letter dated March 12 regarding the issue, which was kept as part of the case record of a contempt petition filed by the Chakhesang Public Organisation and three others concerning land compensation for the construction of the Phek-Pfutsero road 2-lane project under SARDP-NE (Special Accelerated Road Development Programme in North East).
However, the AAG further submitted before Justice Mridul Kumar Kalita that the bank transfer to the beneficiary's account is yet to take place and requested some more time.
Accordingly, the judge granted the request and scheduled the matter for April 9.
It must be noted that the HC Kohima Bench on February 29 ordered the Nagaland Government to release the compensation cheque it had received from the Union of India for landowners affected by the 2-lane road project under SARDP-NE within one week.
The Court then asked for a compliance report by March 14.
According to the Court’s records, the Union Ministry of Road Transport & Housing (MoRTH) has already issued an amount of Rs 60,94,36,685 via two cheques dated on 4/1/2021 and 12/1/2024.
Case Background
The case relates to a Public Interest Litigation (PIL) first filed by the CPO in December 2019, claiming compensation on behalf of people whose lands and properties were damaged while widening the roads between Longleng-Changtonya road, Mon-Tamlu-Merangkong road, Phek-Pfutsero road, and Zunheboto-Chakhabama road to 2 lanes under SARDP-NE (Phase-A).”
Subsequently, on January 30, 2023, the Kohima Bench directed the release of compensation within 6 months (or by July 30, 2023). However, as the compensations were not released by the stipulated period, the contempt petition was filed last year.
Concurrently, the Division Bench of the HC Kohima Bench also ruled in favour of the petitioner in a similar PIL filed in 2023. In its February 7, 2024 judgment order, the Bench held that the question of recovery between the State Government and MoRTH cannot impede the disbursement of the assessed compensation amount to the landowners concerned.
Thus, it directed the State Government as well as MoRTH to process the matter of according sanction and payment of the same to the landowners concerned without delay and without waiting for resolving their differences on the recovery of the sanctioned amount.
On February 29, Justice Susmita Phukan Khaund relied on both the 2019 and 2023 PILs and directed State respondents to release the cheque amount issued by the Union of India in favour of the petitioner within a period of one week.
