PHUNTSO MEMBA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. N. Danggen, learned counsel for the petitioners. Also heard Mr. M. Kato, learned DSGI for respondent Nos. 1 to 10 and Mr. R. H. Nabam, learned Addl. Advocate General for respondent Nos. 11, 14, 15 and 16. None appears for respondent Nos. 12 and 13.

(2.) By instituting this writ petition, the petitioners have prayed for a direction to the respondent authorities to provide 12% interest of the land compensation w.e.f. from the date of possession or notification on the market value of land and also for a direction to the respondent authorities to pay hire/rent charges/ damages from the date of the actual possession i.e. w.e.f. 1959, in accordance with Sec. 30 (3), 80 and 93 of the Right to Fair Compensation and Transparency in Land Acquisition (Rehabilitation and Resettlement) Act, 2013 (hereinafter referred to as LARR Act, 2013) Alternatively, the petitioners have prayed for declaration of the acquisition proceedings, initiated by the respondent authorities by issuing preliminary notification dtd. 3/6/2018, as illegal, on the ground of violation of fundamental and constitutional rights guaranteed under Article 21 and 300A of the Constitution of India.

(3.) The case of 33 petitioners, shorn of unnecessary details, is that they are permanent residents of Rishing, Kopu, Lali and Bona villages under Upper Siang District and are the owners of land measuring 108.08 Acres at Tuting area of Upper Siang District. It is projected that initially the Indian Army had taken shelter in small plot of land in the year 1959 to 1962 and thereafter, left the place for long period and again came back in the year 1986 and occupied the present land. Since then, the said land is under the possession of Indian Army. As a result, the petitioner had suffered for non- payment of land compensation for almost four decades.