SOJEE MEYOR Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. K. Deori, learned counsel appearing on behalf of the petitioner. Also heard Mr. T. T. Tara, learned Addl. Advocate General assisted by Ms. P. Pangu, learned Govt. Advocate appearing on behalf of the State, Mr. B. Pathak, learned CGSC, for respondent No. 5 and 7 to 10 as well as Mr. P. Taffo, learned ASG for respondent No. 6.

(2.) Present application has been filed under Article 226/227 Constitution of India for a direction to the respondent to award compensation on preliminary notification Memo No. LM-91/07/1083 dated 13.09.2007 and another preliminary notification LRE-5436/ 90/40462-63 dated 17.09.91 for acquiring of land at Walong and Kibithoo under Anjaw District with further direction to the respondents to pay the rental charge for occupying the private land of petitioner by defence personnel since 1962.

(3.) Case in nutshell-According to the petitioner, he is occupying his ancestor land since the days of his predecessors and the army/defence has occupied the private land of the petitioner at Walong under Anjaw District, Arunachal Pradesh in the year 1962 during the war between Indian and China temporarily for construction of Army camp with assurance that they will get the rent after the war got over. But even after the war got over Army/defence refused to vacate the land as promised rather they kept extending the camp area from time to time. The father of the petitioner Lt. Kring Meyor made an application to the Circle Officer claiming compensation against the area occupied by the Army/de-fence, in the year 1963 which yielded no result. After the demise of the petitioner's father, mother of the petitioner Lt. Tenchi Meyor in the year 1990 made similar prayer to the Deputy Commissioner, Tezu, Lohit District for payment of compensation and resettlement of the land occupied by the Army without acquiring the land as per the provision of Land Acquisition Act. Despite submission of various applications for payment of compensation the authorities had failed to make payment of compensation neither they have paid any rent/hiring charges for occupying the private land of the petitioner. The Govt. Of Arunachal Pradesh for the first time had issued preliminary notification in the year 2007 for acquisition of the land at Walong and Kibithoo for Union of India. Thereafter, no final notification or award was made to the owner of the land within the time specified under the Land Acquisition Act. In such backdrop, the petitioner has come forward with the petition before this Court with the following prayers:-