TIPAK TAYENG Vs. DEPUTY COMMISSIONER, PASIGHAT AND ANR.

JUDGEMENT

(1.) Both appeals are against the judgment and decree dated 24.12.2013 passed by the learned Addl. District Judge, Pasighat, East Siang District in Psg. Money Suit No.16/2013 and subsequently reviewed by judgment and decree dated 16.4.2014 passed in Psg. Civil Review Application No.02/2014.

(2.) I have heard Mr. D. Baruah, learned counsel for the appellant in LA Appeal No. 01(AP) 2014 and respondent No.1 in LA Appeal No.02 (AP) 2014 as well as Mr. K. Ete, learned Addl. Advocate General, Arunachal Pradesh appearing on behalf of the respondent-Deputy Commissioner and Mr. B. Pathak, learned CGC appearing on behalf of the appellants/Union of India in LA Appeal No. 02(AP) of 2014 and respondent No.2 in LA Appeal No.01 (AP) of 2014.

(3.) The appellant in L.A. Appeal No.01/2014 is owner and possessor of plots of land measuring 249.53 acres, 107.90 acres and 293.10 hectors situated at Sigar Village of Mebo Sub-Division of East Siang District. On 3.9.2002, an Army Officer from 5th Mountain Brigade approached the claimant and the claimant agreed to part with the land for purposed of setting up Army's Headquarters. In view of proposed acquisition proceedings, the claimant did not take steps for cultivation upon the lands. It was only in the year 2010, the Deputy Commissioner sought for willingness certificate from the claimant to part with her land. Thereafter, the Deputy Commissioner informed the claimant that the minimum requirement of land was 1,300 acres and that too in a single stretch and the claimant was asked to intimate the Deputy Commissions within two days if area of 1,300 acres in a single stretch is available. Though the claimant had more than 2,500 acres but the lands were not compact in nature. In order to have a compact land the claimant had to purchase various plots of land at a huge expense and for that she had to take loan with heavy interest. She made available a compact plot of land of more than 1,300 acres to the Deputy Commissioner. Accordingly, a joint survey was conducted and the Deputy Commissioner issued a land Calculation Certificate dated 24.8.2015, wherein value of the land was shown as Rs. 2,50,000 per acre exclusive of 2% contingency charges, 30% solatium and 12% interest.