Disposed

Ariya Meto and 29 Ors. v. the State of Ap and 2 Ors.

Gauhati HC10 Mar 2023WP(C)/321/2021

Case brief

AI extract

What is this about?

Single judge Court applied Division Bench order in WA/15/2022 to direct Deputy Commissioner to verify if 30 petitioners received compensation for land acquired under 1947 Act and, if not, to pay them the solatium and interest as per 2013 Act.

What did the court decide?

Petition disposed of directing the Deputy Commissioner to verify payment of compensation and pay solatium and interest under the 2013 Act if not paid.

Ariya Meto and 29 Ors. Vs the State of Ap and 2 Ors. — Land Acquisition | Gauhati HC (2023)

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GAHC040009752021

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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) 321/2021

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1:Ariya Meto and 29 Ors. S/o Unti Meto,

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R/o Keraa Ati, PO/PS Roing, Lower Dibang Valley District, Arunachal Pradesh

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2: Reti Misu Permanent resident of Village Iphingo Roing Circle Lower Dibang Valley AP 792110

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3: Alopi Mekola S/o Atro Mekola

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Permanent resident of Village Iphingo P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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4: Tura Linggi S/o Shri Tima Linggi

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permanent resident of Kebali village Roing Lower Dibang Valley District Arunachal Pradesh

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5: Santi Miwu W/o Shri Faine Tapo

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Permanent resident of Kebali Village

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Page No.# 2/9

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P.O/PS Roing Lower Dibang Valley District Arunachal Pradesh

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6: Santi Linggi W/o Akole Linggi

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Permanent resident of Village Kebali P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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7: Kuni Linggi S/o Shri Aka Linggi

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Permanent resident of Village Iphingo P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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8: Kinako Linggi W/o Shri Somi Elapra

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Permanent resident of village Iphingo Roing Circle Lower Dibang Valley District Arunachal Pradesh

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9: Heta Elapra S/o Kogo Elapra Permanent resident of Iphingo 6 Km Village Roing Circle Lower Dibang Valley District Arunachal Pradesh

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10: Ajay Ekru S/o Nusuchu Ekro Permanent resident of Village Iphingo Village P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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Page No.# 3/9

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11: Simili Mithi W/o Ekata Mili

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Permanent resident of Village Kebali Lower Dibang Valley District Arunachal Pradesh

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12: Athuko Tapo S/o Shri Sundu Tapo permanent resident of Village Kebali Lower Dibang Valley District Arunachal Pradesh

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13: Ista Pulu S/o Shri Risha Pulu Permanent resident of Village Kebali P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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14: Joweta Meme S/o Limu Meme Permanent resident of Roing Mayu II P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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15: Jitu Pulu S/o Shri Ahuki Pulu

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Permanent resident of School Line Mayu II Lower Dibang Valley District Arunachal Pradesh

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16: Sipi Elapra W/o Aken Linggi Permanent Resident of Roing Mayu I Roing Circle Lower Dibang Valley District

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Arunachal Pradesh

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17: Akene Linggi S/o Pitu Linggi

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Permanent resident of Kendriya Vidyalaya Colony Roing Lower Dibang Valley District Arunachal Pradesh

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18: Nimati Elapra W/o Muachu Mihu

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Permanent resident of Village Mayu II P.O/P.S Roing Lower Dibang Valley Arunachal Pradesh

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19: Jino Linggi S/o Andasi Linggi

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Permanent resident of Iphingo village Roing Circle Lower Dibang Valley District Arunachal Pradesh

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20: Tiba Mili S/o Shri Akhota Mili

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Permanent resident of Village Ephingo P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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21: Chiko Tapo S/o Batu Tapo Permanent resident of Villae Kebali Roing Lower Dibang Valley District Arunachal Pradesh

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22: Demaji Linggi S/o Shri Jabonge Linggi

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Permanent resident of Village Kebali Roing Lower Dibang Valley District Arunachal Pradesh

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23: Dature Miuli S/o Shri Yindo Miuli

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Permanent resident of Iduli Village Lower Dibang Valley District Arunachal Pradesh

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24: Ela Linggi S/o Shri Enga Linggi

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Permanent resident of Ezengo Roing Lower Dibang Valley District Arunachal Pradesh

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25: Jumili Elapra W/o Shri Ongome Mishu

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Permanent resident of Village Iphingo Roing Circle Lower Dibang Valley District Arunachal Pradesh

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26: Aja Elapra S/o Shri Janu Elapra

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Permanent resident of Roing Cheta I Lower Dibang Valley District Arunachal Pradesh.

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27: Bihani Melo S/o Shri Yoge Melo

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Permanent resident of Village Iphingo Roing Circle

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P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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28: Japani Miche S/o Shri Akudu Miche

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Permanent resident of Village Iphingo 6 Km Point P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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29: Ipra Mekola S/o Shri Yage Mekola

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Permanent resident of Ezengo Village P.O/P.S Roing Lower Dibang Valley District Arunachal Pradesh

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30: Azadi Pulu S/o Lt. Ahuki Pulu Permanent resident of Village Mayu II Roing Lower Dibang Valley District Arunachal Prades

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VERSUS

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1:THE STATE OF AP and 2 Ors.

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Represented by the Secretary, Department of Land Management, Govt. of Arunachal Pradesh, Itanagar

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2:The 752 BRTF HQ 752 BRTF (GREF) Roing Lower Dibang Valley District AP

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3:The Deputy Commissioner Roing Lower Dibang Valley District Arunachal Pradesh

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Advocate for the Petitioner : Sunil Mow

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Advocate for the Respondent : GA (AP)

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BEFORE HONBLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 10.03.2023

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Heard Mr. S. Mow, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Senior Government Advocate representing the State.

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The petitioners, all together 30 in nos., have approached this Court praying for payment of solatium contending that each of the petitioner’s land were acquired in terms of the notification dated 29.07.2014, issued under Section 10 of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947 (In short Act of 1947), by the Commissioner, Land Management, Government of Arunachal Pradesh, vide no. LM-58/2014, for acquisition of land “Starting from 5.6 point on Meka Hunli Anini road right bank of Iphipani river to 16 Km point” without, however, payment of any solatium to the petitioners.

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The petitioners contend that by a judgment of the Division Bench of this Court dated 12.09.2022 passed in WA/15/2022, it is a settled proposition of law that in a land acquisition made under Act of 1947 the compensation payable for the land acquired would be determinable in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013, (In short Act of 2013) and accordingly, the petitioners herein, would also be entitled to the payment of solatium in

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accordance with the Act of 2013.

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I have perused the judgment rendered by the Division Bench of this Court dated 12.09.2022 in WA 15/2022, wherein, it has been held that though the petitioner’s land therein were acquired under Section 10 of the Act of 1947, yet, the petitioners are entitled to payment of solatium as well as the interest as provided in the Act of 2013.

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In view of the above, this writ petition is disposed of with a direction to the Deputy Commissioner, Lower Dibang Valley, Roing to verify as to whether the petitioners herein were paid the compensation pursuant to the notification dated 29.07.2014, issued under Section 10 of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947, issued by the Commissioner, Land Management, Government of Arunachal Pradesh, vide no. LM-58/2014 for acquisition of land “Starting from 5.6 point on Meka Hunli Anini road right bank of Iphipani river to 16 Km point.” If, on verification made it is found that the petitioners herein have been paid the compensation pursuant to the notification dated 29.07.2014, issued under Section 10 of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947, the petitioners shall also be paid the solatium as well as the interest in terms of the Act of 2013.

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The verification as directed above and the payment thereof, if any, shall be made by the respondents as expeditiously as possible and in any case, not later than 3 months from the date of receipt of a certified copy of the order passed today, which shall be submitted by the petitioners along with a copy of the writ petition as well as the additional affidavit to the Deputy Commissioner, Lower Dibang Valley, Roing.

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Writ petition stands disposed of with the above direction.

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JUDGE

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Comparing Assistant

Ariya Meto and 29 Ors. v. the State of Ap and 2 Ors.

Case brief

What is this about?

What did the court decide?

Ariya Meto and 29 Ors. v. the State of Ap and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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