Shri Deep Kalita vs . State Of Meghalaya & Ors.
2022 Latest Caselaw 36 Meg

 Serial No. 10
 Supplementary List
                  HIGH COURT OF MEGHALAYA
                        AT SHILLONG
WP(C) No. 53 of 2022
                                  Date of Order: 25.02.2022

Shri Deep Kalita                Vs.          State of Meghalaya & Ors.

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


Appearance:
For the Petitioner(s)      :    Mr. A.S. Siddiqui, Sr. Adv. with
                                Mr. A.G. Momin, Adv.

For the Respondent(s)      :    Mr. A. Kumar, AG with

Ms. Z.E. Nongkynrih, GA Ms. I. Lyngwa, GA (For R 1, 2 & 3)

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

ii) Whether approved for publication Yes/No in press:

JUDGMENT AND ORDER (ORAL)

Matter taken up via Hybrid Mode.

1. Heard Mr. A.S. Siddiqui, learned Senior counsel for the

petitioner assisted by Mr. A.G. Momin, learned counsel for the petitioner.

2. The grievance of the petitioner he submits is that the vehicle

of the petitioner, which was seized has been put up for auction which is

to be conducted on 28.02.2022. The learned Senior counsel further

submits that in connection with the seizure, there were proceedings which

were initiated against him for operating a stone crusher without

permission, and that by order dated 13.10.2021 passed in the said

proceedings, the respondent No. 3 had recorded the admission of the

petitioner with regard to the illegal operation of stone crushing activities

between 01.04.2019 till 18.08.2020.

3. Mr. A.S. Siddiqui, learned Senior counsel submits that the

petitioner is ready to abide by the order but the only hurdle is that the

petitioner has filed a representation dated 28.11.2021 for Reduction of

Environment Compensation and for renewal of lease which is yet to be

disposed of. He, therefore, prays that directions be issued to the

respondent to dispose of the representation and the payment of

compensation will be made in accordance with law.

4. Mr. A. Kumar, learned Advocate General assisted by Ms.

Z.E. Nongkynrih, learned GA for the respondent No. 1 to 3 submits that

he has no quarrel if the petitioner is agreeable to pay the compensation

amount as levied.

5. Considering the submissions made by the learned counsel for

the parties, it is hereby directed that the respondent No. 3 shall consider

the representation filed by the petitioner with regard to the calculation of

compensation and to pass orders thereon. With regard to the auction of

the truck, as far as it relates to the truck of the petitioner at Sl. No. 1 of

the Seizure Memo, dated 21.01.2022, the same shall be kept in abeyance.

6. The entire exercise shall be completed within 2(two) weeks

and the petitioner as per the undertaking given before this Court shall

forthwith pay the compensation, within 1(one) month thereafter.

7. With the above noted directions, the instant petition is

accordingly disposed of.

JUDGE Meghalaya 25.02.2022 "V. Lyndem-PS"