KOJ NADA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. S. Koyang, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate representing State respondent Nos. 1, 3, 4 and 5; Mr. D. Kamduk, learned Standing Counsel, Land Management Department, representing respondent No. 2 and Mr. M. Kato, learned DSGI representing respondent No. 6.

(2.) This is an application filed under Article 226 of the Constitution of India, praying for issuance of writ in the nature of certiorari/mandamus or any other appropriate writ, order or direction of like nature directing the respondent authorities for payment of solatium amount to the petitioner, at the rate of 100% of the compensation amount, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(3.) The brief facts of the present writ petition is that the Government of Arunachal Pradesh, through the Secretary (Land Management), Government of Arunachal Pradesh, Itanagar, issued a public Notification, vide No. LM-14/2014, dtd. 17/2/2014, under Sec. 10 of the Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947 (hereinafter referred to as 'Regulation of 1947'), expressing their intention to acquire land mentioned in the schedule of the said Notification for construction of road from Potin to Bopi via Yazali, Yachuli, Ziro, Boasimla, Tamen and Raga under Trans Arunachal Highway (TAH). The land of the petitioner has also been included in the schedule of the said Notification for acquisition of land. The Government of Arunachal Pradesh is, accordingly, paying compensation and solatium to the land affected people for acquisition of land as per aforesaid Notification. The Government of Arunachal Pradesh issued one Notification No. LM-134/2011(Pt), dtd. 28/9/2012, prescribing procedure and manner to be followed, as prescribed under Land Acquisition Act, 1894, for calculation of land compensation including land value, interest, solatium, establishment charge and contingency charge. Thereafter, the Government of Arunachal Pradesh, through the Secretary of Land Management, Itanagar, has issued another Notification, dtd. 22/1/2016, in suppression of the earlier Notification No. LM-134/2011 (Pt), dtd. 28/9/2012, wherein, it has been provided for payment of solatium and interest for all kinds of land acquisition. Therefore, the petitioner is entitled for payment of compensation and solatium for the land and properties acquired by the respondents.