Allowed

Gopi Meto and 84 Ors. v. The State of Ap and 2 Others

Gauhati HC2 May 2022WP(C)/29/2021

Case brief

AI extract

What is this about?

Eighty-five petitioners challenged non-payment of solatium and interest on land compensation for the Trans Arunachal Highway. The bench, relying on a coordinate order, held that the earlier Regulation of 1947 is inconsistent with the RFCTLARR Act, 2013 and petroleum land owners are entitled to parity.

What did the court decide?

The writ petition is allowed; state respondents directed to pay 100% solatium and 12% interest on awarded compensation within two months.

Gopi Meto and 84 Ors. Vs The State of Ap and 2 Others — Land Acquisition | Gauhati HC (2022)

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GAHC040001092021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : WP(C) 29/2021

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1:Gopi Meto and 84 Ors.

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S/O LT. AINO METO, PERMANENT RESIDENT OF VILLAGE AMULI, PO/PS ANINI, DIBANG VALLEY DISTRICT, AP.

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2: TASKU TAYU

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S/O T. E.TAYU

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PERMANENT RESIDENT OF VILLAGE ERON PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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3: UMESH POCHA PERMANENT RESIDENT OF VILLAGE ETALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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4: EKO MAYA S/O LT. TNO MAYA PERMANENT RESIDENT OF VILLAGE ANGULIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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5: LATUM EKRU

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S/O EPUNDO EKRU PERMANENT RESIDENT OF VILLAGE AGULIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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6: LONGANE EKRU

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S/O EPUNDO EKRU PERMANENT RESIDENT OF VILLAGE AGULIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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7: EKETO MELE S/O LT. B. MELE PERMANENT RESIDENT OF VILLAGE ETALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP. 8: EMUBU MELE S/O LT. RUKHU MELE PERMANENT RESIDENT OF VILLAGE ETALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP. 9: JALI MILI W/O SHRI EMUHU MELE PERMANENT RESIDENT OF VILLAGE ETALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP. 10: AJO MEME S/O SHRI EMUKU MELE PERMANENT RESIDENT OF VILLAGE ETALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP. 11: MANGESO MELO S/O LT. T. MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 12: ATOMA MELO S/O LT. SUNDU MELO

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PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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13: TATUM MELO S/O LT. ECHUNG MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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14: EPI UMPEY D/O LT. DOMDO UMPI PERMANENT RESIDENT OF VILLAGE AKELO PO/PS ANINI DIBANG VALLEY DISTRICT AP. 15: JIBAN UMPEY S/O LT. DOMDO UMBEY PERMANENT RESIDENT OF VILLAGE AKOBE PO/PS ANINI DIBANG VALLEY DISTRICT AP. 16: LINA APRALO W/O SHRI MANGESO MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 17: BACHU MIHU S/O LT. ASOME MIHU PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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18: JOTO EKRU S/O LIDA EKRU PERMANENT RESIDENT OF VILLAGE PUNLI

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PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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19: ELIKA MELO S/O SHRI M.MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 20: RUPO MENA S/O LT. LANDE MENA PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 21: BINDIYA MILI W/O SHRI DILI MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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22: TUNI MELO S/O SHRI A.MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 23: ETA MELO S/O SHRI ATOMA MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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24: PUME MILI W/O SHRI ETA MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI

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DIBANG VALLEY DISTRICT AP.

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25: ELISHA MELO S/O SHRI A.MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 26: HOTI MEME S/O LT. D. MEME PERMANENT RESIDENT OF VILLAGE RANLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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27: HELA MEGA S/O LT. G. MEGA PERMANENT RESIDENT OF VILLAGE RANLI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 28: MUMIYA METO W/O LT. B.METO PERMANENT RESIDENT OF VILLAGE PINIL PO/PS ANINI DIBANG VALLEY DISTRICT AP. 29: SUKHA UMPE S/O SHRI Y.UPME PERMANENT RESIDENT OF VILLAGE AKAYA PO/PS ANINI DIBANG VALLEY DISTRICT AP. 30: SIKU MEGA S/O LT. P.MEGA PERMANENT RESIDENT OF VILLAGE ABRALI PO/PS ANINI DIBANG VALLEY DISTRICT

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AP.

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31: EKOME MIMI S/O LT. S.MIMI PERMANENT RESIDENT OF VILLAGE NEW ANEYA PO/PS ANINI DIBANG VALLEY DISTRICT AP. 32: ASAPI UMBREY W/O SHRI MERE MIMI PERMANENT RESIDENT OF VILLAGE KANO PO/PS ANINI DIBANG VALLEY DISTRICT AP. 33: ENE MEGA S/O LT. G.MEGA PERMANENT RESIDENT OF VILLAGE RANLI ECHINDO PO/PS ANINI DIBANG VALLEY DISTRICT AP. 34: HELA MEGA PERMANENT RESIDENT OF VILLAGE NEW ANAYA PO/PS ANINI DIBANG VALLEY DISTRICT AP. 35: RABOMN ELAPARA S/O LT. G. ELAPARA PERMANENT RESIDENT OF VILLAGE ARZOO PO/PS ANINI DIBANG VALLEY DISTRICT AP. 36: CHICHILY MELO W/O SHRI ATOMA MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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37: YENE MAO W/O LT. GAME MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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38: CHINA MENA W/O LT. KEHLO MELO PERMANENT RESIDENT OF VILLAGE ANGULIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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39: DAINO UMPO S/O LT. S.UMPO PERMANENT RESIDENT OF VILLAGE RANLI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 40: KENO MIHU S/O LT. R. MIHU PERMANENT RESIDENT OF VILLAGE NEW ENDOLIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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41: DALUKHA MIMI S/O LT. TIGU MIMI PERMANENT RESIDENT OF VILLAGE NEW ENDOLIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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42: TAGO MIMI S/O LT. NAGO MIMI PERMANENT RESIDENT OF VILLAGE NEW ANAYA PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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43: JOPA DELE PERMANENT RESIDENT OF VILLAGE ABRALI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 44: SAPISI MEGA PERMANENT RESIDENT OF VILLAGE ABRALI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 45: USI MEGA PERMANENT RESIDENT OF VILLAGE ABRALI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 46: THANDU UMPEY PERMANENT RESIDENT OF VILLAGE AKOBE PO/PS ANINI DIBANG VALLEY DISTRICT AP. 47: SUNA UMPEY PERMANENT RESIDENT OF VILLAGE AKOBE PO/PS ANINI DIBANG VALLEY DISTRICT AP. 48: SHANTI MANO S/O LT. S. MANO PERMANENT RESIDENT OF VILLAGE AKOBE PO/PS ANINI DIBANG VALLEY DISTRICT AP. 49: EKO MANO PERMANENT RESIDENT OF VILLAGE AKOBE PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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50: LEBASSO MIMI S/O LT. A.MIMI PERMANENT RESIDENT OF VILLAGE NEW ANAYA PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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51: MEHETO MELO PERMANENT RESIDENT OF VILLAGE ENDOLIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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52: ARO MELO PERMANENT RESIDENT OF VILLAGE NEW ENDOLIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.PERMANENT RESIDENT OF VILLAGE ENDOLIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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53: ARO MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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54: MANTI MELO S/O SHRI M. MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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55: ALAKO MELO S/O LT. M.MELO PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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56: EKEPI LINGGI PERMANENT RESIDENT OF VILLAGE ETALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP. 57: RUPYA MIMI W/O LT. ALIHU MIMI PERMANENT RESIDENT OF VILLAGE NEW ANAYA PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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58: SIMKO MEGA S/O LT. YIKA MEGA PERMANENT RESIDENT OF VILLAGE KADILI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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59: SOKO TAYU S/O SHRI E. TAYU PERMANENT RESIDENT OF VILLAGE ERON PO/PS ANINI DIBANG VALLEY DISTRICT AP. 60: AMBI TAYU S/O SHRI C.TAYU PERMANENT RESIDENT OF VILLAGE ERON PO/PS ANINI DIBANG VALLEY DISTRICT AP. 61: AHOH TAYU S/O SHRI T. TAYU PERMANENT RESIDENT OF VILLAGE ERON PO/PS ANINI DIBANG VALLEY DISTRICT AP. 62: TAKSU TAYU S/O LT. E.TAYU

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PERMANENT RESIDENT OF VILLAGE ERON PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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63: SUNIL MOW S/OLT. K.MOW PERMANENT RESIDENT OF VILLAGE ERON PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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64: RANCHI TAYU S/O LT. AKATA TAYU PERMANENT RESIDENT OF VILLAGE ERON PO/PS ANINI DIBANG VALLEY DISTRICT AP. 65: TAYA MELE S/O SHRI KAMANI MELE PERMANENT RESIDENT OF VILLAGE ITALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP. 66: NAYU MELE W/O LT. CHEYI MELE PERMANENT RESIDENT OF VILLAGE ITALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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67: CHEPOSI MILI S/O LT. RUKUCHI MELE PERMANENT RESIDENT OF VILLAGE ITALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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68: LACHI EKROYA S/O LT. GYATI EKROYA PERMANENT RESIDENT OF VILLAGE ITALIN

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PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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69: EMULU MELE S/OLT. RUKHU MELE PERMANENT RESIDENT OF VILLAGE ITALIN PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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70: MIRI MIMI PERMANENT RESIDENT OF VILLAGE GRUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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71: MERE MIMI S/O LT. KHONGE MIMI PERMANENT RESIDENT OF VILLAGE KANO

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PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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72: ECHI MICHI S/O SHRI CHELEPE MICHIE PERMANENT RESIDENT OF VILLAGE AWALI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 73: YIKOME MIMI S/O LT. UNU MIMI PERMANENT RESIDENT OF VILLAGE NEW ANAYA PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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74: MIZU UMPEY S/O SHRI MISA UMPEY PERMANENT RESIDENT OF VILLAGE NEW ANAYA PO/PS ANINI

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DIBANG VALLEY DISTRICT AP.

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75: SUKHA UMPEY S/O SHRI YINGO UMPEY PERMANENT RESIDENT OF VILLAGE AKAYA PO/PS ANINI DIBANG VALLEY DISTRICT AP. 76: MINA MIMI W/O LT. PACHU APRALO PERMANENT RESIDENT OF VILLAGE RANLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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77: SEKO MEYA S/O LT. T. MAYA PERMANENT RESIDENT OF VILLAGE ANGOLIN PO/PS ANINI DIBANG VALLEY DISTRICT AP. 78: SEEMA PULU W/O JEEPA METO PERMANENT RESIDENT OF VILLAGE AMULI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 79: METASO MIMI S/O LT. A.MIMI PERMANENT RESIDENT OF VILLAGE NEW ANAYA PO/PS ANINI DIBANG VALLEY DISTRICT AP. 80: LATA MANO S/O LT. S. MANO PERMANENT RESIDENT OF VILLAGE AKOBE PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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81: AWUDA MELE S/O SHRI Y.MELE PERMANENT RESIDENT OF VILLAGE PUNLI PO/PS ANINI DIBANG VALLEY DISTRICT AP.

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82: DIYA MIPI S/O SHRI E. MANO PERMANENT RESIDENT OF VILLAGE AKOBE PO/PS ANINI DIBANG VALLEY DISTRICT AP. 83: POINI MELO PERMANENT RESIDENT OF VILLAGE AKOBE PO/PS ANINI DIBANG VALLEY DISTRICT AP. 84: TORUN TAYU S/OLT. S. TAYU PERMANENT RESIDENT OF VILLAGE AMBOLI PO/PS ANINI DIBANG VALLEY DISTRICT AP. 85: CHUKI UMPE S/O LT. L.UMPE PERMANENT RESIDENT OF VILLAGE AMBOLI PO/PS ANINI DIBANG VALLEY DISTRICT AP VERSUS 1:The State of AP and 2 Others REPRESENTED BY THE SECRETARY, DEPARTMENT OF LAND MANAGEMENT, GOVT. OF AP, ITANAGAR.

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2:THE DEPUTY COMMISSIONER ANINI DISTRICT DIBANG VALLEY AP.

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3:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN BO.1 PARLIAMENT STREET NEW DELHI.

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4:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED REPRESENTED BY THE GENERAL MANAGER (P) NHIDCL BO ROING NEAR JNV ROAD ROING PO/PS ROING LOWER DIBANG VALLEY DISTRICT AP

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Advocate for the Petitioner : Rintu Saikia

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Advocate for the Respondent : GA (AP)

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BEFORE

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HONBLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 02.05.2022

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Heard Mr. R. Saikia, learned counsel for the petitioners. Also heard Mr. D. Kamduk, learned standing counsel for the Land Management Department, respondent no.1, Mr. D. Soki, learned Additional Senior Govt. Advocate appearing for respondent no.2, i.e. Deputy Commissioner, Dibang Valley District, Anini and Mr. M. Kato, learned ASGI appearing for the Govt. of India, respondent no.3 and also for respondent no.4, i.e. NHIDCL.

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In this case, 85 petitioners have joined together with common cause by projecting that their respective land was acquired for public purpose for

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construction of Trans Arunachal Highway. It is projected that the compensation was awarded in two phases. In the first phase, the land compensation amounting to Rs.24.17 crore was paid in the year 2016 and in the second phase, the land acquisition compensation amounting to Rs.19.77 crore was paid in the year 2017. It is projected that the private properties and assets standing on the community land was not assessed at the time of paying of compensation and therefore, the projected affect members had made an estimation that the left out compensation would be to the extent of Rs.14,03,31,469/-. It is projected that the said compensation amount was scaled down by 2% contingency fund to Rs.13,89,83,210/-, out of which, a sum of Rs.10,22,01,694/- was compensation award for private properties and standing assets for the community land.

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Aggrieved by the non-payment of compensation on account of horticulture crops, trees and structures, which were assessed earlier, 6 (six) land owners had approached this Court by filing WP(C) 220(AP)/2019, Rohit Mele & 5 Ors. Vs. State of Arunachal Pradesh & Ors. This Court by order dated 24.01.2020 directed the NHIDCL to release the award assessed in respect of the 6 (six) petitioners and deposit the same before the Deputy Commissioner, Dibang Valley District, Anini. The awarded amount was released to the land owners, however, as no solatium or 12% interest was awarded, the present writ petition has been filed under Article 226 of the Constitution of India.

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In this writ petition, it is projected that in respect of different land acquired for construction of road, the respective land owners were awarded 100% solatium along with 12% interest and therefore, in this writ petition, the petitioners alleged discrimination and seeks parity in the award of compensation insofar 100% solatium and 12% interest is concerned.

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To oppose this writ petition, the respondent no.4 has filed affidavit-inopposition, wherein objection is raised in respect of the claim for 100% solatium with the 12% interest on the ground that under the Balipara/Tirap/Saida Frontier Tract Jhum Land Regulation, 1947 (in short “the Regulation of 1947”), there is no provision of payment of solatium and interest. It is also the stand of the respondent no.4 that as per the clarification issued by the Govt. of Arunachal Pradesh on 05.08.2016, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short “the Act of 2013”) would not cover the land acquisitioned under the Regulation of 1947. Reliance is also made to a letter dated 16.09.2016 by the respondent no.2 wherein it was clarified that no solatium and interest were added to compensation assessed under the Regulation of 1947. Accordingly, the provisions of the Act of 2013, as provided under section 24 thereof would not be applicable in this case. It is also projected that under section 17 of the Regulation of 1947, provision for appeal has been provided and that the petitioners have not availed the said remedy. Hence, it is submitted that in the absence of any appeal, the present writ petition would not be maintainable.

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The learned standing counsel for the Land Management Department has submitted that the respondent no.1 has also filed an affidavit-in-opposition, wherein the stand similar to the respondent no.4 has been taken.

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In view of the stand taken by the learned counsel for the petitioners and the respondents, the Court finds that a similar issue relating to right of persons to the benefit of the 100% solatium and 12% interest, whose land had been acquired for public purpose, a Coordinate Bench of this Court in the case of WP(C) 280(AP)/2020 - Mihim Laling Vs. the State of Arunachal Pradesh 7 Ors., and two other connected writ petitions, by judgment and order dated

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25.04.2022 has elaborately discussed the issue and the finding of the Court is extracted below:

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“55. Thus, from the aforesaid discussion, the finding of this Court is summarized as under:

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(i) The Regulation of 1947, and the RFCT & LARR Act, 2013, are enacted on the same subject, i.e. land, which is a subject of concurrent list. There is no provision for payment of solatium and interest in the Regulation of 1947, whereas the same is available in the RFCT & LARR Act. The object sought to be achieved by the Regulation 1947 and the RFCT & LAAR Act are almost the same. And as such Regulation 1947 is inconsistent with the RFCTLARR Act, 2013 and Regulation of 1947 failed to withstand the test of Article 254 of the Constitution of India.

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(ii) The land of the petitioners acquired for the construction of Trans Arunachal Highway and for construction of 33/11 KV Sub-Station and Bomdila Bye-Pass, all are acquired for the ‘public purpose’ and no classification for ‘public purpose’ is permissible.

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(iii) Regulation of 1947, and the RFCTLARR Act, 2013, enables the State to give the petitioners different treatment from another, equally situated owners. And as such the petitioners, who are discriminated against, are entitled to protection of Article 14 and 16 of the Constitution. Though a classification is sought to be made by the learned In-Charge Advocate General, yet the same is not based upon intelligible differentia, as they cannot be treated differently from the land owners whose lands were acquired for construction of 33/11 KV Sub-Station and Bomdila Bye-Pass, as in all the cases the lands are acquired for only one purpose, i.e. ‘public purpose’.

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(iv) The petitioners are entitled to compensation and solatium and interest in view of the RFCTLARR Act, 2013, as the State cannot make any law in derogation of any provision of the said Act.

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Under the above facts and circumstances, I find sufficient merit in these petitions and, accordingly, the same are allowed. Admittedly, the state respondents have already paid compensation to the petitioners herein, under the Regulation 1947. In addition to the said compensation amount, the petitioners are entitled to solatium and interest. By a mandamus of this court, the state respondents are directed to work out and make payment of solatium and interest to the petitioners, as provided in the RFCT

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& LARR Act, 2013, and under the Notifications, presently holding the field. The petitioners shall obtain a certified copy of this judgment and order and place the same before the respondent authorities. On receipt of the certified copy the respondent authorities shall carry out above exercise within a period of two months from the date of receipt of the certified copy.”

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In view of the already settled position of the matter, the Court is of the considered opinion that the petitioners herein are entitled to the same reliefs granted by a Coordinate Bench of this Court in WP(C) 280(AP)/2020 in paragraph 55 and 56 by judgment and order dated 25.04.2022.

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Accordingly, in terms of the relief granted by the said order dated 25.04.2022, in WP(C) 280(AP)/2020, this writ petition stands allowed to the said extent as indicated above.

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JUDGE

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Comparing Assistant

Gopi Meto and 84 Ors. v. The State of Ap and 2 Others

Case brief

What is this about?

What did the court decide?

Gopi Meto and 84 Ors. v. The State of Ap and 2 Others

Case brief

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What did the court decide?

What the court decided

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