The Meghalaya High Court has directed the State and Union authorities to resolve their differences concerning the draft awards and disburse compensation to landowners whose land was acquired for construction of the Indo-Bangladesh Border Fencing within three months.

The Court observed that possession of land cannot be taken by the Government while compensation is withheld for years without a valid legal justification.

Justice B.Bhattacharjee remarked that: “When the Government takes possession of the land but sits on the compensation for years without a valid legal reason, it projects an abuse of power by the authorities.”

Background

The petitioners' land in South West Garo Hills was acquired in 2017–2018 for construction of the Indo-Bangladesh Border Fencing under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Although draft awards were prepared and approved in 2018, compensation was not released to the affected landowners. Aggrieved by the prolonged delay despite repeated representations, the petitioners approached the Meghalaya High Court seeking payment of compensation.

The Court found that the authorities had failed to disburse compensation despite the draft awards having been prepared in 2018.

The Court held that administrative confusion between the State and Union authorities could not justify the prolonged delay and observed that withholding compensation for years after taking possession of land, without a valid legal reason, amounts to an abuse of power.

The Court directed the authorities to resolve the issue and disburse compensation to the affected landowners within three months.

Case Name: Shri Rajison v/s State of Meghalaya

Case No.: WP ( C) No.27 of 2019

Date of Decision: 21.09.2026