Court condemns delay caused by confusion between State and Union authorities, orders disbursal of compensation within three months
In a significant judgment delivered on September 21, 2026, the Meghalaya High Court has ordered the State and Union authorities to promptly pay compensation to landowners whose land was acquired for the construction of the Indo-Bangladesh Border Fencing. The Court took note of the undue delay in releasing compensation despite the acquisition proceedings being completed as early as 2017-2018 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The petitioners, led by Shri Rajison R. Marak, had moved the Court seeking directions for payment of compensation for their land situated in the South West Garo Hills, which was acquired to facilitate the border fencing project. Though draft awards were prepared and approved by the competent authority in 2018, the petitioners alleged that they had not received any compensation even after several years and multiple representations.
The Court observed that the delay stemmed from "confusion and requests for clarification" between the State and Union officials over the amounts stated in the draft awards. Despite repeated orders and efforts to expedite the process, no concrete steps had been taken to disburse the compensation, effectively withholding the landowners' rightful dues.
Rejecting the justification of confusion, Justice B. Bhattacharjee held that such a reason does not absolve the authorities from their statutory obligation to pay compensation in a timely manner. The Court emphasized that when the Government takes possession of land but delays compensation without valid legal grounds, it amounts to an abuse of power.
Consequently, the Court directed the authorities to resolve any outstanding issues regarding the draft awards without further delay and mandated that compensation be paid to the affected landowners within three months from the date of the order.
This ruling reinforces the principle of timely compensation in land acquisition matters and underscores the judiciary's role in ensuring that the rights of landowners are protected against administrative inertia and procedural bottlenecks.
Bottom Line:
Land acquisition - Compensation for land acquired for construction of Indo-Bangladesh Border Fencing - Mere confusion between State and Union authorities regarding draft awards cannot justify withholding compensation for years - Court directed authorities to resolve confusion and disburse compensation to affected land owners within three months.
Statutory provision(s): Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Constitution of India, Article 226
Shri. Rajison R. Marak v. State of Meghalaya, (Meghalaya) : Law Finder Doc Id # 2990589
