Damage to Lands : Court Issues Directions to Authorities to Examine Losses and Pay Compensation within Time-Frame

Damage to Lands : Court Issues Directions to Authorities to Examine Losses and Pay Compensation within Time-Frame

In a recent decision, Court has issued directions directing the respondent Council to enquire into the matter of suffering of damage by the petitioner and if such damage is found to have been suffered, the Council would request the State Government for allotment of the required funds so as to make the compensation to the petitioners named above if they had indeed suffered any damage because of the work in question. The aforesaid exercise was directed be undertaken and completed expeditiously, preferably within an outer limit of 4 months from the date of receipt of a certified copy of this order. 

The allegations of this case was that construction of the National Highway-54 was taken up by the National Highway Authorities of India (hereinafter NHAI) in the NC Hills District of Assam, including the Harangajao area where the petitioners reside. It was contended that while earth cutting and dumping works were done in connection with the construction of the aforesaid National Highway, damage has been caused to the petitioners. It is the specific case of the petitioners that due to such earth cutting and dumping, plantations and gardens maintained by the petitioners have been damaged. It is also contended that the lands of the petitioners were, both in and outside the Right-of-Way (RoW) and in spite of the damage caused, no compensation has been paid. The petitioners claimed to have submitted representations to the respondent authorities in spite of which, no action was taken to compensate the petitioners.

For further details refer Gopanjoy Naiding v. State of Assam [2025] GCtR 1689 (Gauhati).