Allowed

Babuk Rinya and 228 Ors. v. the State of Ap and 5 Ors.

Gauhati HC13 Aug 2024WP(C)/3/2023

Case brief

AI extract

What is this about?

The Gauhati High Court held that a Deputy Commissioner lacked authority to issue a notice restraining construction before land acquisition proceedings were initiated under the Regulation, 1947. The Court set aside rejection lists for compensation claims based on such pre-acquisition notices, directing assessment and payment pursuant to the Office Memorandum dated 03.06.2021.

What did the court decide?

Impugned rejection lists set aside; petitioners directed to be paid compensation as per reassessment under Order dated 03.06.2021 within 8 weeks; possession not to be disturbed.

Babuk Rinya and 228 Ors. Vs the State of Ap and 5 Ors. — Land Acquisition | Gauhati HC (2024)

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GAHC040000112023

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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)/3/2023

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Babuk Rinya and 228 Ors. S/o Lt. Tapik Rinya, aged about 42 years, resident of Tato, P.O P.S Tato, Shi Yomi District, Arunachal Pradesh, Ph. No.9402221166. 2: Tapop Heyo Age: Occupation :

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3: Yabi Heyo Age: Occupation :

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4: Tari Kame Age: Occupation :

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5: Jambe Rida Age: Occupation :

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6: Yatak Pikyor Age: Occupation : 7: Tape Pikor Age: Occupation :

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8: Tomkar Nomuk Age: Occupation :

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9: Tinpu Nyogen Age: Occupation :

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10: Tasor Ngurak Age: Occupation :

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11: Tana Rinya Age: Occupation :

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12: Tagur Ragyor Age: Occupation :

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13: Tsering Kotin Age: Occupation :

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14: Rajesh Kotin Age: Occupation :

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15: Sivi Kotin Age: Occupation :

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16: Taso Kame Age: Occupation :

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17: Tayor Ragyor Age: Occupation :

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18: Yajer Ragyor Age: Occupation :

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19: Situ Kotin Age: Occupation :

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20: Yare Kotin Age: Occupation :

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21: Pasang Nyogen Age: Occupation :

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22: Tatum Puchung Age: Occupation :

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23: Taku Puchung Age: Occupation :

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24: Amon Mosu Age: Occupation :

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25: Yajum Pusang Age: Occupation :

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26: Damu Rinya Age: Occupation :

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27: Tayor Ragyor Age: Occupation :

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28: John Diru Age: Occupation :

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29: Dao Pullom Age: Occupation :

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30: Taka Tame Age: Occupation :

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31: Lidu Rinya Age: Occupation :

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32: Didik Diru Age: Occupation :

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33: Bogum Rinya Age: Occupation :

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34: Eling Rida Age: Occupation :

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35: Biju Rida Age: Occupation :

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36: Rajiv Heyo Age: Occupation :

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37: Sabo RIda Age: Occupation :

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38: Taja Heyo Age: Occupation :

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39: Taka Talar Age: Occupation :

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40: Oni Puchung Age: Occupation :

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41: Bonye Ragyor Age: Occupation :

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42: Tako Puchung Age: Occupation :

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43: Bonya Puchung Age: Occupation :

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44: Adu Ragyor Age: Occupation :

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45: Yasen Puchung Age: Occupation :

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46: Yate Ragyor Age: Occupation :

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47: Duter Rakshap Miru Age: Occupation :

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48: Lido Rida Age: Occupation :

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49: Boken Diru Age: Occupation :

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50: Moge Taro Age: Occupation :

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51: Paji Rida Age: Occupation :

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52: Yane Diru Age: Occupation :

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53: Amoty Gusar Maying Age: Occupation :

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54: Gita Singkom Age: Occupation :

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55: Sanker Rida Age: Occupation :

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56: Joti Heyo Age: Occupation :

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57: Pakpe Yordung Age: Occupation :

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58: Tatin Rida Age: Occupation :

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59: Bojer Diru Age: Occupation :

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60: Taro Diru Age: Occupation :

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61: Takar Koje Age: Occupation :

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62: Tsering Chije Age: Occupation :

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63: Kali Pigyor Age: Occupation :

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64: Johny Diru Age: Occupation :

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65: Mame Rakshap Age: Occupation :

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66: Aying Kotin Age: Occupation :

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67: Onyak Kotin Age: Occupation :

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68: Tanyang Heyo Age: Occupation :

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69: Bogum Diru Age: Occupation :

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70: Kotin Rida Age: Occupation :

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71: Yame Rida Age: Occupation :

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72: Antony Rida Age: Occupation :

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73: Yatum Rida Age: Occupation :

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74: Juhi Rida Age: Occupation :

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75: Yate Rinya Age: Occupation :

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76: Bote Yuto Age: Occupation :

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77: Bojum Ruchi Age: Occupation :

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78: Tajen Dupu Age: Occupation :

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79: Botu Tada Age: Occupation :

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80: Tomi Taro Age: Occupation :

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81: Tajum Ruchi Age: Occupation :

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82: Taken Singlong Age: Occupation :

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83: Tado Ragyor Age: Occupation :

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84: Vijay Rinya Age: Occupation :

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85: Yajum Rinya Age: Occupation :

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86: Pakjap Ruchi Age: Occupation :

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87: Tomi Ruchi Age: Occupation :

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88: Tasen Yorpen Age: Occupation :

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89: Modo Singkom Age: Occupation :

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90: Tagi Hiba Age: Occupation :

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91: Tamar Hiba Age: Occupation :

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92: Yate Hiba Age: Occupation :

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93: Yaluk Yordung Age: Occupation :

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94: Bosco Ngurak Age: Occupation :

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95: Taru Hiba Age: Occupation :

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96: Lakpe Rinya Age: Occupation :

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97: Yatu Puchung Age: Occupation :

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98: Yame Pujen Age: Occupation :

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99: Yame Heyo Age: Occupation :

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100: Tachung Singkom Age: Occupation :

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101: Boling Rinya Age: Occupation :

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102: Tatin Kiri Age: Occupation :

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103: Anya Rinya Age: Occupation :

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104: Tajak Rinya Age: Occupation :

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105: Yorko Duping Age: Occupation :

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106: Nanu Padu Age: Occupation :

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107: Kanro Ragshap Age: Occupation :

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108: Talar Rinya Age: Occupation :

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109: Eling Rinya Age: Occupation :

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110: Talit Rinya Age: Occupation :

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111: Jura Diru Age: Occupation :

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112: Masum Yabu Age: Occupation :

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113: Tame Pikyor Age: Occupation :

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114: Out Pigyor Age: Occupation :

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115: Mary Pigyor Age: Occupation :

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116: Tatum Rinya Age: Occupation :

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117: Tabu Taro Age: Occupation :

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118: Tanya Taro Age: Occupation :

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119: Tabi Kiri Age: Occupation :

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120: Yayi Ekke Age: Occupation :

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121: Mami Pusang Age: Occupation :

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122: Tagi Tada Age: Occupation :

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123: Tatu Hiba Age: Occupation :

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124: Tajo Hiba Age: Occupation :

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125: Taje Yorpen Age: Occupation :

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126: Yaroti Hiba Age: Occupation :

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127: Yabum Hiba Age: Occupation :

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128: Doge Diru Age: Occupation :

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129: Mona Diru Age: Occupation :

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130: Ranjen Sona Age: Occupation :

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131: Anju Tapen Age: Occupation :

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132: Badur Rinya Age: Occupation :

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133: Taluk Kiri Age: Occupation :

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134: Tashi Diru Age: Occupation :

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135: Yadet Chije Age: Occupation :

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136: Yachin Diru Age: Occupation :

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137: Puying Diru Age: Occupation :

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138: Takar Puchung Age: Occupation :

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139: Yaje Puchung Age: Occupation :

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140: Yanyir Yorpen Age: Occupation :

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141: Sumila Puchung Age: Occupation :

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142: Tame Pupor Age: Occupation :

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143: Rani Heyo Age: Occupation :

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144: Yali Pudur Age: Occupation :

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145: Akom Rida Age: Occupation :

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146: Yaluk Yuto Age: Occupation :

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147: Yapi Yuto Age: Occupation :

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148: Bai Yuto Age: Occupation :

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149: Lucy Yuto Age: Occupation :

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150: Yashi Yuto Age: Occupation :

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151: Tade Ngurak Age: Occupation :

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152: Kumar Ngurak Age: Occupation :

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153: Talam Yuto Age: Occupation :

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154: Tai Hanggo Age: Occupation :

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155: Yapop Rinya Age: Occupation :

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156: Yadam Ragshap Age: Occupation :

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157: Yabin Heyo Age: Occupation :

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158: Yade Kochung Age: Occupation :

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159: Yaming Rida Age: Occupation :

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160: Dejum Rinya Age: Occupation :

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161: Deli Rinya Age: Occupation :

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162: Tatam Tame Age: Occupation :

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163: Yagi Rinya Age: Occupation :

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164: Bojum Rinya Age: Occupation :

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165: Yamoti Ngurak Age: Occupation :

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166: Yarit Ngurak Age: Occupation :

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167: Tasok Yordung Age: Occupation :

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168: Peyor Ragyor Age: Occupation :

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169: Yagi Hiba Age: Occupation :

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170: Jhony Pinggam Age: Occupation :

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171: Tabi Ragshap Age: Occupation :

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172: Yari Ngurak Age: Occupation :

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173: Tapor Pigyor Age: Occupation :

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174: Bane Pigyor Age: Occupation :

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175: Pojo Pinggam Age: Occupation :

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176: Jhon Pigyor Age: Occupation :

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177: Gandhi Kotin Age: Occupation :

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178: Paksi Heyo Age: Occupation :

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179: Sonali Heyo Age: Occupation :

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180: Paye Mosing Age: Occupation :

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181: Yaber Yuto Age: Occupation :

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182: Yager Yuto Age: Occupation :

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183: Tabi Ngurak Age: Occupation :

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184: Yabom Yuto Age: Occupation :

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185: Duli Yabu Age: Occupation :

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186: Mame Rinya Age: Occupation :

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187: Mame Komi Rida Age: Occupation :

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188: Jyoti Komi Age: Occupation :

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189: Kotin Diru Age: Occupation :

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190: Talop Pusang Age: Occupation :

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191: Binte Pinggam Age: Occupation :

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192: Manju Hango Age: Occupation :

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193: Damji Rinya Age: Occupation :

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194: Jote Pusang Age: Occupation :

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195: Leetum Koje Age: Occupation :

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196: Lipo Hiba Age: Occupation :

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197: Yasum Rinya Age: Occupation :

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198: Tajum Thama Age: Occupation :

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199: Yamen Thama Age: Occupation :

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200: Jhumpi Thama Age: Occupation :

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201: Yatung Thama Age: Occupation :

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202: Sita Heyo Age: Occupation :

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203: Ona Ragyor Age: Occupation :

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204: Tatum Ekke Age: Occupation :

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205: Tame Ragyor Age: Occupation :

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206: Meena Hemi Age: Occupation :

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207: Botu Tada Age: Occupation :

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208: Aling Pinggam Age: Occupation :

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209: Among Pinggam Age: Occupation :

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210: Jenny Pinggam Age: Occupation :

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211: Tajum Tangu Age: Occupation :

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212: Nani Yorpen Age: Occupation :

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213: Tanya Rinya Age: Occupation :

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214: Boken Puying Age: Occupation :

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215: Nyali Rinya Age: Occupation :

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216: Situ Heyo Age: Occupation :

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217: Damde Rinya Age: Occupation :

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218: Taying Huto Age: Occupation :

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219: Jhon Yuto Age: Occupation :

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220: Pinu Ngurak Age: Occupation :

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221: Tabur Ngurak Age: Occupation :

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222: Oni Komi Age: Occupation :

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223: Yadom Diru Age: Occupation :

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224: Tali Yuto Age: Occupation :

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225: Takar Tapen Age: Occupation :

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226: Arit Puchung Age: Occupation :

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227: Bojer Puchung Age: Occupation :

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228: Santo Hango Age: Occupation :

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229: Jumpe Lollen Age: Occupation VERSUS

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THE STATE OF AP and 5 Ors. Represented by the Chief Secretary, Govt. of AP, Itanagar. 2:The Secretary/Commissioner Age: 0 Occupation : 3:The Director Age: 0 Occupation : 4:The Deputy Commissioner Age: 0 Occupation : 5:Director General Age: 0 Occupation :

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6:The Commanding Officer Age: 0 Occupation

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Advocate for the Petitioner : Nikita Danggen

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Advocate for the Respondent : GA (AP)

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Linked Case : WP(C)/49/2023

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Jimmy Hanngo and 68 Ors. Age: 34 Occupation : Address:S/o T. Hanngo Resident of Tato PO/PS Tato

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Shi Yomi District Arunachal Pradesh Ph. No. 9402221166 2: Tadik Jida Age: 40 Occupation : Address:S/o T. Jida Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9402347650

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3: Yanyor Koje Age: 45 Occupation : Address:W/o T. Koje Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436089567

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4: Tagi Hiba Age: 47 Occupation : Address:S/o T. Hiba Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436013645

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5: Roman Hiba Age: 20 Occupation : Address:S/o T. Hiba Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436090876 6: Tadu Hiba Age: 42 Occupation : Address:S/o T. Hiba Permanent Resident of Village Tato PO/PS Tato

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Shi Yomi District

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Arunachal Pradesh. Ph. No. 9436090843

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7: Yanga Jida Age: 37 Occupation : Address:W/o T. Jida Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436065980

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8: Nope Rinya Age: 46 Occupation : Address:S/o G. Rinya Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436028976

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9: Jona Sanyor Age: 27 Occupation : Address:S/o L. Sanyor Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph No. 9436078651

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10: Tatu Tangu Age: 56 Occupation : Address:S/o Shri T. Tangu Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436059086

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11: Tudi Tangu Age: 26 Occupation : Address:S/o T. Tangu Permanent Resident of Village Tato PO/PS Tato

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Shi Yomi District

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Arunachal Pradesh. Ph No. 9436054398

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12: Yalar Hilli Age: 48 Occupation : Address:W/o L. Hilli Permanent Resident of Village Tagur PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph No. 9436063450 13: Tani Hilli Age: 21 Occupation : Address:S/o T. Hilli Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436078412

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14: Tajum Kiri Age: 36 Occupation : Address:S/o T. Kiri Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436074310 15: Tinjoh Mosing Age: 56 Occupation : Address:S/o T. Mosing Permanent Resident of VIllage Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436076120 16: Yajap Mosing Age: 43 Occupation : Address:S/o Lt. T. Mosing Permanent Resident of Village Tato PO/PS Tato

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Shi Yomi District Arunachal Pradesh. Ph. No. 9436038006

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17: Eli Tangu Age: 39 Occupation : Address:S/o T. Tangu Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436023780 18: Talok SIngkom Age: 54 Occupation : Address:S/o T. Singkom Permanent Resident of Village Tagur PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436019087 19: Jambe Jida Age: 52 Occupation : Address:S/o T. Jida Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph No. 9436003451 20: Minam Jida Age: 27 Occupation : Address:S/o S. Jida Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436003451 21: Taken Pigyor Age: 56 Occupation : Address:S/o T. Pigyor Permanent Resident of Village Tato

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PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436062451

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22: Yapi Pigyor Age: 40 Occupation : Address:S/o T. Pigyor Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436037580 23: Gojum Hanggo Age: 32 Occupation : Address:S/o T. Hanggo

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Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436048902 24: Mige Ruchi Age: 27 Occupation : Address:S/o R. Ruchi Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph No. 9436043527 25: Botum Pinggam Age: 46 Occupation : Address:S/o T. Pinggam Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436078291

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26: Line Ragyor Age: 59 Occupation : Address:S/o T. Ragyor

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Permanent Resident of VIllage Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436078291 27: Yami Dabu Age: 43 Occupation : Address:D/o D. Yabu

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Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436007581

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28: Tasar Jida Age: 45 Occupation : Address:S/o T. Jida Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436085241

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29: Tabin Kini Age: 45 Occupation : Address:S/o Lt. T. Kini Permanent Resident of VIllage Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436042390

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30: Boke Hanggo Age: 42 Occupation : Address:S/o Shri P. Hanggo Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436053530

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31: Mary Hanggo Age: 32 Occupation : Address:W/o T. Hanggo

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Permanent Resident of Village Hone PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436064109 32: Tator Yabu Age: 28 Occupation : Address:S/o Shri T. Yabu Permanent Resident of Village Hone PO/PS Tato District Shi Yomi Arunachal Pradesh. Ph. No. 9436032980

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33: Tanya Hanggo Age: 29 Occupation : Address:S/o T. Hanggo Permanent Resident of Village Tato PO/PS Tato District Shi Yomi Arunachal Pradesh. Ph. No. 9436032109 34: Ajum Yabu Age: 30 Occupation : Address:W/o T. Yabu Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9402347650

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35: Tado Pigyor Age: 56 Occupation : Address:S/o T. Pigyor Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436089567

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36: Yapik Rida Age: 29 Occupation : Address:W/o T. Rida

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Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436013645 37: Tapir Talar Age: 46 Occupation : Address:S/o T. Rida Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436090876

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38: Kaken Rida Age: 26 Occupation : Address:D/o T. Rida Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436090843 39: Tabu Hanggo Age: 50 Occupation : Address:S/o G. Hanggo Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436028976 40: Tamo Hilli Age: 40 Occupation : Address:S/o Shri Pasan Hilli Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436059086 41: Demya Jida Kaye Age: 29 Occupation :

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Address:S/o Deso Jida Kayi Permanent Resident of Village Tagur PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436063450 42: Yane Jida Age: 39 Occupation : Address:W/o Yorte Jida Permanent Resident of VIllage Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436074310 43: Deso Jida Age: 35 Occupation : Address:S/o Yorte Jida Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436076120 44: Tajo Rida Age: 19 Occupation : Address:S/o Kotin Rida Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436076120 45: Yabi Talar Age: 55 Occupation : Address:W/o Talok Talar Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436076120 46: Oman Talar Age: 21 Occupation :

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Address:S/o Talok Talar

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Permanent Resident of VIllage Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. no. 9436061098 47: Nari Rida Age: 35 Occupation : Address:D/o Lt. Tama Rida Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436061098 48: Yachuk Nyogen Age: 40 Occupation : Address:W/o Tumpe Nyogen Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436076142 49: Tapor Puchung Age: 55 Occupation : Address:S/o Lt. Tajap Puchung Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436063637 50: Tachuk Ngurak Age: 49 Occupation : Address:S/o Lt. Tama Ngurak Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436013270 51: Take Yuto Age: 56 Occupation :

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Address:S/o Lt. Tama Yuto

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Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436042540 52: Tachuk Yuto Age: 39 Occupation : Address:S/o Lt. Tami Yuto Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436078435 53: Tana Yuto Age: 25 Occupation : Address:S/o Taluk Yuto Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436053639 54: Boteng Heyo Age: 32 Occupation : Address:S/o Tabu Heyo Permanent Resident of VIllage Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436064790 55: Lingdung Diru Age: 38 Occupation : Address:S/o Lt. Tatum Diru Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436063639 56: Yape Hiba Age: 39 Occupation :

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Page No.# 36/54

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Address:W/o Tato Hiba

¶312

Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph.No 9436043590 57: Yapung Samyor Talar Age: 27 Occupation : Address:W/o Tare Talar Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh PH. NO. 9436042390 58: Yanyi Koje Yabu Age: 27 Occupation : Address:W/o Tare Talar Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436053530 59: Tai Ragyor Age: 47 Occupation : Address:S/o Lt. Sopor Ragyor Permanent Resident of Village Hone PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436064109 60: Yagum Diru Age: 48 Occupation : Address:W/o Shri Tajen Diru Permanent Resident of Village Hone PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436032980 61: Yanya Talar Age: 35 Occupation :

¶313

Page No.# 37/54

¶314

Address:D/o Taru Talar

¶315

Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No 9436032109 62: Hunya Diru Age: 36 Occupation : Address:W/o Kismat Koje Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. nO. 9402347650 63: Jaru Diru Age: 29 Occupation : Address:S/o Lt. Tajer Koje Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. no. 9436089567 64: Yatum Rinya Age: 52 Occupation : Address:W/o Tachuk Rinya Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436013645 65: Tachuk Rinya Age: 56 Occupation : Address:S/o Lt. Tatak Rinya Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436090876 66: Atum Talar Age: 42 Occupation :

¶316

Page No.# 38/54

¶317

Address:W/o Tapir Talar Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436090843 67: Ani Hiba Age: 29 Occupation : Address:D/o Shri Lipo Hiba Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436065980 68: Mina Kochung Age: 31 Occupation : Address:W/o Tou Diru Permanent Resident of Village Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436028976 69: Bojum Puchung Age: 40 Occupation : Address:S/o Lt. Tatik Puchung Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436059086 VERSUS THE STATE OF AP and 5 Ors. Age: 0 Occupation : Address:Represented by the Chief Secretary Govt. of Arunachal Pradesh Itanagar. 2:The Secretary/Commissioner Age: 0 Occupation : Address:Land Management Govt. of Arunachal Pradesh Itanagar.

¶318

Page No.# 39/54

¶319

3:The Director Age: 0 Occupation : Address:Land Management Govt. of Arunachal Pradesh Itanagar. 4:The Deputy Commisssioner Age: 0 Occupation : Address:Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. 5:Director General Border Roads Age: 0 Occupation : Address:Seema Sadak Bhawan Ring Road Naraina Delhi Cantt. New Delhi 110010 6:The Commanding Officer Age: 0 Occupation : Address:91 RCC (GREF) at KM 8 (Thumbin) on Kaying Tato Road West Siang District AP Pin 791001 -----------Advocate for : Nikita Danggen Advocate for : GA (AP) appearing for THE STATE OF AP and 5 Ors.: Advocate , , , , , appearing for 2, 3, 4, 5, 6, respectively.

¶320

Page No.# 40/54

¶321

Linked Case : WP(C)/53/2023 Mame Rida and Anr. Age: 45 Occupation : Address:S/o Tama Rida Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9402221166 2: Yaring Diru Tadik Jida Age: 32 Occupation : Address:W/o Bidik Diru Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9402347650 VERSUS THE STATE OF AP and 3 Ors. Age: 0 Occupation : Address:Represented by the Chief Secretary Govt. of Arunachal Pradesh Itanagar. 2:The Secretary/Commissioner Age: 0 Occupation : Address:Land Management Govt. of Arunachal Pradesh Itanagar. 3:The Director Age: 0 Occupation : Address:Land Management Govt. of Arunachal Pradesh Itanagar. 4:The Deputy Commissioner Age: 0 Occupation : Address:Tato PO/PS Tato Shi Yomi District

¶322

Page No.# 41/54

¶323

Arunachal Pradesh.

¶324

-----------Advocate for : Nikita Danggen Advocate for : GA (AP) appearing for THE STATE OF AP and 3 Ors.: Advocate ,

¶325

, , appearing for 2, 3, 4, respectively.

¶326

Linked Case : WP(C)/131/2023 Tasen Puying and 24 Ors. Age: 30 Occupation : Address:S/o Shri Tame Puying Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9402221166 2: Yanya Ragyor Age: 39 Occupation : Address:D/o Lt. Tami Ragyor Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9402294783 3: Tony Rinya Age: 40 Occupation : Address:S/o Lt. Kadu Rinya Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436098472

¶327

4: Boken Rinya

¶328

Page No.# 42/54

¶329

Age: 32 Occupation : Address:S/o Shri Lipo Rinya Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436098726

¶330

5: Juli Jida Age: 35 Occupation : Address:D/o Shri Tate Jida Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436067543 6: Yachi Koje Age: 40 Occupation : Address:D/o T. Koje Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9407565890

¶331

7: Nope Rinya Age: 46 Occupation : Address:S/o Lt. Dachuk Rinya

¶332

Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436028976 8: Jona Samyor Age: 27 Occupation : Address:S/o Tali Samyor

¶333

Resident of Tato

¶334

Page No.# 43/54

¶335

PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436078651

¶336

9: Yalar Hilli Age: 48 Occupation : Address:W/o Shri Tachir Hilli

¶337

Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh

¶338

Ph. No. 9402221166

¶339

10: Timpu Mosing Age: 56 Occupation : Address:S/o T. Mosing

¶340

Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436076120

¶341

11: Yajap Mosing Age: 43 Occupation : Address:S/o T. Mosing

¶342

Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436038006

¶343

12: Eli Tangu Age: 39 Occupation : Address:S/o Kadu Tangu

¶344

Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh

¶345

Page No.# 44/54

¶346

Ph. No. 9436023780 13: Jambe Jida Age: 52 Occupation : Address:S/o Lt. Tapok Jida Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh Ph. No. 9436038941 14: Yaji Pikyor Age: 40 Occupation : Address:S/o T. Pikyor Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436037580 15: Mige Ruchi Age: 27 Occupation : Address:S/o Tami Ruchi Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436043527 16: Yami Yabu Age: 43 Occupation : Address:D/o Shankar Yabu Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436007581 17: Tanya Hanggo Age: 29 Occupation :

¶347

Page No.# 45/54

¶348

Address:S/o Lidung Hanggo

¶349

Permanent Resident of Village Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436032109 18: Atum Yabu Age: 30 Occupation : Address:W/o T. Yabu Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No 9402347650 19: Demya Jida Kaye Age: 29 Occupation : Address:D/o Deso Jida Kayi Permanent Resident of Village Tagur PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436063450 20: Chunya Diru Age: 36 Occupation : Address:W/o Kismat Koje Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436089567 21: Jarju Koje Age: 29 Occupation : Address:S/o Lt. Tajer Koje Permanent Resident of Village Heyo PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436089567

¶350

22: Tanu Yuto

¶351

Page No.# 46/54

¶352

Age: 37 Occupation : Address:S/o Taluk Yuto

¶353

Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9402221166

¶354

23: Yaying Diru Age: 32 Occupation : Address:W/o Didik Diru Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9478467303

¶355

24: Yanyi Koje Yabu Age: 40 Occupation : Address:W/o Taya Yabu

¶356

Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9406575890

¶357

25: Mina Kochung Age: 41 Occupation : Address:W/o Todi Diru Resident of Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. Ph. No. 9436028976 VERSUS

¶358

THE STATE OF AP and 5 Ors. Age: 0 Occupation : Address:Represented by the Chief Secretary Govt. of Arunachal Pradesh Itanagar. 2:The Secretary/Commissioner Age: 0 Occupation : Address:Land Management

¶359

Page No.# 47/54

¶360

Govt. of Arunachal Pradesh Itanagar 3:The Director Age: 0 Occupation : Address:Land Management Govt. of Arunachal Pradesh Itanagar. 4:The Deputy Commissioner Age: 0 Occupation : Address:Tato PO/PS Tato Shi Yomi District Arunachal Pradesh. 5:Director General Border Roads Age: 0 Occupation : Address:Seema Sadak Bhawan Ring Road Naraina Delhi Cantt New Delhi 110010 6:The Commanding Officer Age: 0 Occupation : Address:92 RCC (GREF) at km 8 (Thumbin) on Kaying Tato Road West Siang District A.P PIN 791001 -----------Advocate for : Nikita Danggen Advocate for : GA (AP) appearing for THE STATE OF AP and 5 Ors.: Advocate , , , , , appearing for 2, 3, 4, 5,

Page No.# 48/54

6, respectively.

BEFORE

HON’BLE MR JUSTICE ARUN DEV CHOUDHURY

¶365

For the Petitioner :Ms. N. Danggen, Advocate.

¶366

For the Respondents :Mr. R. H. Nabam,

¶367

Government Advocate. Mr. D. Kamduk, Standing Counsel. Land Management Department.

¶368

Date of Hearing : 06.08.2024 Date of Judgement : 14.08.2024

¶369

JUDGMENT & ORDER (CAV)

¶370

Heard Ms. N Drangeen, learned counsel for the petitioners. Also heard Mr. R H Naban, learned Government Advocate, State of Arunachal Pradesh for the State respondents and Mr. D. Kamduk, learned Standing Counsel for the Land Management Department.

¶371

These present writ petitions are taken up together for final disposal today as these writ petitions involve a common cause of action and the challenges made are also common.

¶372

Primarily, Orders dated 27^th October’ 2022 and 9^th December 2022 issued by the Deputy Commissioner of Shi-Yomi District, Arunachal Pradesh are being challenged. Under the aforesaid orders, the Deputy Commissioner had prepared a list, enlisting the persons, whose claims for land acquisition compensation were rejected and the list is marked as “Rejected List”.

¶373

The further challenge made is the order dated 29.03.2021, passed by the Deputy Commissioner, whereby, certain persons/citizens/the present

¶374

Page No.# 49/54 writ petitioners were asked not to carry on any construction over their private properties.

¶375

The grounds of challenge are, firstly, that such orders of rejection had been passed only on the basis of the order of the Deputy Commissioner dated 29.03.2021, which is not sustainable under law for the reason that the claims of the petitioners had been rejected on the alleged ground that their houses were constructed violating the order of the Deputy Commissioner / Public Notice dated 29.03.2021.

¶376

According to the learned counsel for the petitioners, the Deputy Commissioner is having no sanction and authority under law to issue the notice dated 29.03.2021 prior to the initiation of any land acquisition proceeding and thus the same resulted in violation of the petitioner’s fundamental right under Article 21 as well as their rights under Article 300A of the Constitution of India. According to the petitioners, they cannot be deprived of the compensation for the land and the property acquired by the State, only on the ground that such construction has been made in violation of the notice dated 29.03.2021.

¶377

The Deputy Commissioner has filed an affidavit and has taken a stand that the Executive Engineer (Civil) -cum- Officer Commanding (BRO) had written a letter to the Deputy Commissioner alleging encroachment of BRO land by civilians between Pene to Tato, on Kaying-Tato Road and requested him for necessary action.

¶378

It is the contention of the learned counsel for the Deputy Commissioner that based on such request, the public Notice dated 29.03.2021 was issued and therefore, it cannot be said that the Deputy Commissioner had issued the order/notice without sanction and authority under law, since, the Deputy Commissioner being the head of the District, shall have power to issue such an order to stop construction.

¶379

Page No.# 50/54

¶380

The learned State counsel has further contended that under the land acquisition process, the petitioner had participated in negotiation, survey and assessment and when their claims were rejected, then only they had become wise and approached this Court for redressal of their grievances, therefore, they are estopped for raising such plea.

¶381

I have given anxious consideration to the submissions advanced by the learned counsel for the parties and also perused the materials available on record.

¶382

Before dealing with the arguments advanced by the learned counsel for the parties, let this Court first record the facts, which are not in dispute and are discernible from the pleadings made by the parties.

¶383

I. As recorded hereinabove, a public notice was issued on 29.03.2021 asking the civilians not to carry out constructions in certain areas. By now it is an admitted position that such notice was issued at the request of the Executive Engineer (Civil) cum Commanding Officer, BRO..

¶384

II. On 03.06.2021 an Office Memorandum was issued by the State respondent laying down the parameters for assessing the structures / trees / any other properties which are subject of acquisition under Regulation 1947. The said OM prescribes payment of reasonable compensation and reasonableness was to be ascertained by giving due regard to the valuation of the land and standing assets on the date of notification under Regulation

¶385

1947 , there nature including agriculture/horticultural crops/demurrage thereof and the loss of income to the individual/community right holders till the passing of the award..

¶386

III. On 11.02.2022, Deputy Commissioner, Shi-Yomi District issued a

¶387

Page No.# 51/54 Public Notice in the exercise of its power conferred upon him in terms of the aforesaid Office Memorandum for carrying out the assessment of the properties.

¶388

IV. A committee was constituted and it was proposed that the assessment will be made with effect from 17.07.2021 and the assessment report is to be submitted on or before 28.02.2022.

¶389

V. Subsequently, on 24.05.2022, a notice under Section 10 of Balipara/Tirap/Sadiya Frontier Tract Jhumland Regulation, 1947 (in short Regulation of 1947), was issued, whereby, the intention of the Government was expressed to acquire the scheduled land for construction of new alignment widening/improvement of existing road to 2 Lane National Standard (NHDL) Kaying-Tato road from Pene village KM 45.000 to Tato KM 78.370 (Total Lenght 33.370 Km) existing road length 45.000 Km to 86.600 Km (Total length 41.600 Km).

¶390

VI. Thereafter, another order was issued by the Deputy Commissioner on 13.08.2022 and re-assessment was directed to be carried out properly of properties standing in the proposed right of way and submit a report within 45 days from the date of issuance of the order dated 13.08.2022.

¶391

VII. Accordingly, a Public Notice was issued vide Notice dated 22.08.2022 for such re-assessment and subsequently by the order impugned dated 27.10.2022, the final lists were published on the basis recommendation of such committee and the lists No.2 and 3 was prepared, which included the persons whose claim for compensation was rejected on the ground that the construction was made in violation of the Deputy Commissioner’s order dated 29.03.2021.

¶392

Page No.# 52/54

¶393

From the aforesaid sequence of events, as recorded hereinabove, it is clear that the lands of the petitioners were notified for acquisition under Section 10 of the Regulation, 1947 on 24.05.2022. It is also an admitted position that the reassessment was directed on 13.08.2022. It is also admitted that the reassessment report was submitted on 27.10.2022 and the reason for the rejection of the claim of the petitioners is that they had made construction in violation of the Deputy Commissioner Order dated 29.03.2021.

¶394

Admittedly, the notice dated 29.03.2021 was issued on the request of the Commanding Officer, BRO and not for any other reason. On the said date, the land acquisition process was not even initiated and it was initiated only on 24.05.2022. Therefore, the land of the parties shall vest on the State on the date of such notification dated 24.05.2022 and not on 29.03.2021, when the notice was issued inasmuch as such notice was not issued in exercise of any statutory power under Regulation, 1947. There is no doubt that the respondent Deputy Commissioner, in the exigencies of administration, can pass such a restrained order in a given case, when he is authorised under law to do so. However, the State respondents have failed to bring to the notice of this Court any such provision of law or executive instruction empowering the Deputy Commissioner to pass such a restraint order in connection with the process of land acquisition under the Regulation, 1947. Therefore, in the absence of any such authority under law, in the considered opinion of this court, the right of a person under Article 300A cannot be taken away by the instrumentalities of the State without due process of law. The notice dated 29.03.2021, in the considered opinion of this court, cannot be treated to be due process of law for purpose of land acquisition, in the given fact of the present case, more so, when such decision was based on a request on an authority who

¶395

Page No.# 53/54 is not having any sanction and authority under Regulation 1947 having binding command over the Deputy Commissioner. Therefore, such notice cannot deprive the land owners of its legal right to claim compensation based on Regulation, 1947, which was issued on 24.05.2022.

¶396

The petitioners might not have a right to start construction or to continue with construction, after the notice under Section 10 of the Regulation, 1947 was issued. Therefore, the respondent State may refuse them compensation against those properties constructed on or after 24.05.2022. However, that is not the case herein and admittedly the petitioners were placed in the List 2 and List 3 (lists of rejected claims) only on the ground of under construction houses after 29.03.2021. Therefore, in the considered opinion of this court, such rejection is not sustainable in law. The notice dated 29.03.2021 or any other similar notice, cannot have any nexus with the Land acquisition process initiated by the State under Regulation, 1947 on 24.05.2022. What is relevant for determination of compensation is the Office Memorandum dated 03.06.2021, which specifies the parameters for assessing reasonable compensation as recorded hereinabove.

¶397

That being the position, this court is having no hesitation to hold that the impugned reject list Nos. 2 and 3, so far relating to the petitioners are concerned are not sustainable under law. Accordingly, the same stands set aside so far same relates to the petitioners.

¶398

This Court is also having no hesitation, for the reasons recorded hereinabove, that assessment of the petitioners property needs to be made and compensation is required to be paid on the properties, which were acquired/damaged/would be damaged in pursuance of notice dated 24.05.2022, on which date notice under Section 10 of the Regulation, 1947 was issued and the assessment is to be made in terms of OM dated

¶399

Page No.# 54/54

¶400

03.06.2021.

¶401

Accordingly, it is directed that the petitioners be paid compensation in terms of the reassessment made/to be made in terms of Office Memorandum dated 03.06.2021. Such payment be made within 8 weeks from the date on which a certified copy of this order is submitted before the Deputy Commissioner, Shi-Yomi District by the petitioners. If such payment is not made within the said period, the same shall carry an interest @ 6% p.a. on the compensation assessed till its payment. With the determination made hereinabove, the writ petitions stands allowed to the extant as indicated hereinabove.

¶402

It is further made clear that till such payments are made, the possession of the petitioners shall not be disturbed.

¶403

While parting with the record, it is observed that the present order shall not debar the petitioner to claim compensation more than what has been assessed, however, such disputed determination be taken by the appropriate Civil/Referral Court.

¶404

JUDGE

¶405

Comparing Assistant

Babuk Rinya and 228 Ors. v. the State of Ap and 5 Ors.

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Babuk Rinya and 228 Ors. v. the State of Ap and 5 Ors.

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