UNION OF INDIA Vs. CHOLINGSHO KORA

JUDGEMENT

(1.) Heard Mr. B. Chakravarty, learned Central Government counsel for the appellants. Also heard Mr. D. Mozumder, learned senior counsel assisted by Mr. S. Rabha, learned counsel for the respondent No. 1 as well as Mr. B. D. Goswami, learned Additional Advocate General, Arunachal Pradesh assisted by Mr. A. Chandran, learned Additional senior Government Advocate appearing for the State of Arunachal Pradesh, respondents No. 2 to 5.

(2.) This writ appeal is preferred by the Union of India being aggrieved by the order dtd. 26/9/2019 passed in WP(C) No. 480(AP)/2018 by the learned Single Judge.

(3.) The appellant i.e. the Army Authority at a relevant point in time had sought for acquisition of land belonging to some of the residents in the Village of Khoraliang, P.O and P.S.- Tezu, Lohit district in the State of Arunachal Pradesh. Portions of the land, which were sought to be acquired were already under the Army Authorities under lease. The Defence Estate Officer, (DEO) Jorhat in furtherance of requirement of land for establishing Army bases in Arunachal Pradesh approached the State authorities seeking details of available, empty and unused land along the border areas. A thorough survey was conducted by the State Authorities and detailed report to that effect was given to the DEO. Pursuant to the report being received, it is the case of the appellant that the Defence Estate Officer cautioned the State Authorities not to proceed for acquisition of land unless the proposal is sanctioned by the appropriate authority in the Ministry of Defence, Government of India. However, according to the appellant, despite the requests made by the DEO to the State Authorities not to proceed with the acquisition of land, the State Authorities went ahead with the acquisition proceedings and suo motu issued notifications under Sec. 40(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The land was accordingly acquired by the State Authorities and all persons were asked to stop their activities on the said land. Since, the Ministry of Defence, Government of India did not approve the proposal for acquisition of land, no compensation was sanctioned and/or deposited by the Defence Authorities. The land owners who claimed to be affected by the acquisition process filed a writ petition before this Court through their power of attorney holder. The said writ petition was numbered as WP(C) No. 480(AP)/2018. During the course of hearing, the learned Single Judge examined the records and upon being satisfied, disposed of the writ petition without entering into merits of the disputes. The respondent Nos. 1 to 5 in the writ petition, namely, the appellants herein were directed to deposit the payable amount before the Additional District Judge though whom the acquisition proceedings were conducted. The assessed amount was directed to be deposited within 3(three) weeks from the date of impugned order and whereafter the distribution will be done by the authority strictly in accordance with law and proper identification.