STATE OF ARUNACHAL PRADESH Vs. MANAKSO TAFLAP

JUDGEMENT

(1.) Heard Mr. S. Tapin, learned Senior Govt. Advocate appearing for the appellants, along with Mr. D. Kamduk, learned standing counsel for Land Management Department. Also heard Mr. D. Das, learned senior counsel, assisted by Mr. R.B. Phukan and Mr. S. Mow, learned counsel for the respondent nos. 1 to 47 and Mr. M. Kato, learned D.S.G.I., appearing for the proforma respondent no. 48.

(2.) By this intra-court appeal, the State has assailed the impugned judgment and order dtd. 13/6/2022, passed by the learned Single Judge in W.P.(C) No. 175(AP)/2022 - Manakso Taflap and 47 others v. The State of Arunachal Pradesh and Ors. The connected interlocutory application has been filed with a prayer to stay the operation of the said judgment and order.

(3.) The land of the respondent nos. 1 to 47 was acquired for construction of defence road from Chaglagam to Rocham (0.00 km to 6.5 km) in Anjaw District. Pursuant to order dtd. 9/10/2017, the Board formed by the Addl. Deputy Commissioner, Hayuliang, Anjaw District had carried out Joint survey and property assessment from 0.00 km to 6.5 km of the then PMGSY road between Chaglagam (also spelt as Chaglongam) to Taflagam was carried out on 30/12/2017 and 31/12/2017 in the presence of the owners of land and property. On account of the five items as mentioned in the Joint survey and property assessment report dtd. 25/9/2019, being (1) Civil construction, buildings, structure, etc.; (2) Horticulture and agriculture related claims; (3) Land management related claims; (4) Land (muck disposal); and (5) Horticulture (muck disposal), assessment of compensation was made at Rs.27,81,61,725.00 (Rupees Twenty seven crore eighty one lakh sixty one thousand seven hundred and twenty five only). In the meanwhile, vide letter dtd. 29/10/2020, the 48 BRTF had informed the Deputy Commissioner, Anjaw District about deposit of said compensation money in their bank account.