SMTI. TIPAK TAYENG Vs. THE STATE OF ARUNACHAL PRADESH AND OTHERS
LAWS(GAU)-2018-7-124
HIGH COURT OF GAUHATI
Decided on July 05,2018

Smti. Tipak Tayeng Appellant
VERSUS
THE STATE OF ARUNACHAL PRADESH And OTHERS Respondents

JUDGEMENT

S.SERTO,J. - (1.) AND ORDER Heard Mr. D. Baruah, learned counsel appearing for the petitioner in both the W.P.(C) No. 426(AP) of 2016 and Cont.Case(C) No. 24(AP) of 2016.Also heard Mr. K. Ete, learned Sr. Addl. Advocate General assisted by Ms. R. Basar, learned Jr. Govt. Advocate appearing for the State respondents.
(2.) The facts and circumstance leading to the filing of this writ petition and the contempt case are briefly stated as follows; By a notification under Section-4 of the Land Acquisition Act, 1984, the appropriate Government issued a notification dated 16.12.2013, notifying certain areas of land situated at East Siang District belonging to the petitioner that the same is likely to be acquired for the purpose of creating infrastructure and training area for the Combat Supporting Units of Non-Accretional Forces. Following the issuance of the said notification on 24.12.2013, the declaration under Section-6 of the Act of 1894 was made and the same was duly published in the Arunachal Gazette by the Secretary Land Management. After everything was said and done award for the land of the petitioner which was to be acquired as per the mandate in the notification issued under Section-4 of the 1894 Act was notified on 12.02.2014. The relevant portion of the award is reproduced here below; "NOW THEREFORE, in accordance with Government approval Vide No. LM- 124/2013/1317 dated 29.01.2014 and after a careful examination and consideration of various aspects of the matter, the following award is hereby drawn by the undersigned in accordance with the provisions of L.A. Act, 1894. 1. That, the total area of the land situated at Sigar area is 562.47 acres. 2. That, the rate of compensation of the land value as per the sanctioned letter of Government of India, Ministry of Defence is Rs. 2,18,30986p per acre inclusive of all aspects. 3. That, the rate of compensation of land @ Rs. 2,18,309.86p per acre i.e. 562.47 x 2,18,309.86p = Rs. 12,27,94,930.05p+30% solatium under Section 23(2) of Rs. 3,68,38,479.02p+12% additional interest on above amount for one year under Section - 23(1-A) of Rs. 1,47,35,391,61p stands at Rs. 17,43,68,800.68p. 4. That, Rs. 98,23,594,40p is the 8% establishment charges of the actual market value of the proposed land to be deposited into the head of account 0029-LR (as land revenue) and further Rs. 24,55,898,60p is the 2% of the total value involved in the acquisition of 562.47 acres of private land which is payable to the Deputy Commissioner, East Siang District, Pasighat. 5. That, the details of the interested person as available in the LRSO's Office in the notified land is annexed as Annexure-"A" of this Award. 6. The total compensation award is Rs. 18,66,48,292.68p in respect of the land notified under Section of L.A. Act and the Army authority for whose interest and purpose the land is acquired are hereby required to deposit the said amount to the office of the Deputy Commissioner-cum-Collector for further payment to the interested and affected person. Thus, the award is hereby finalized and filed in the office of the Deputy Commissioner, East Siang District, Pasighat. Sd/-(OpakGao)Deputy Commissioner EastSiang District Pasighat"
(3.) Thereafter possession of the land was taken by the Collector of the District East Siang on 17.02.2014. After taking possession of the land the Deputy Commissioner, East Siang District issued a possession certificate dated 17.02.2014. In the meanwhile, the new Act namely the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,was enacted by the parliament and the same came into force on 01.01.2014. Therefore, the State Government as per the provisions of Sub Section Clause-1 and Clause-2 of Section-26 read with first scheduled of the Act issued a notification dated 29.09.2014, wherein the multiplying factor was determined at 2. The contents of the notification are reproduced here below; "The Arunachal Pradesh Gazette Extraordinary Published By Authority No. 183 Vol XXI, Naharlagun, Monday, September 29, 2014, Asvian 7, 1936(Saka) Government Of Arunachal PradeshDepartmennt Of Land ManagementItanagarNotification The 29th September, 2014 (Issued under Sub-Section (1) and (2) of Section 26 read with First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013). (Against the Land Acquisition Case at Sigar Village under Mebo Sub-Division of East Siang District, Arunachal Pradesh). No.LM-124/2013-Whereas, under Sub-Section (1) of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the said Act"), the Collector has to determine the market value of the land to be acquired; and Whereas, as per Sub-Section (2) of Section 26 of the said Act, the market value calculated as per Sub-Section(1) shall be multiplied by a factor as specified in the First Schedule of the said Act; and Whereas, as per First Schedule of the said Act, the manner of determination of value of land in case of rural areas in 1.00 (one) to 2.00 (two), which is based on distance of the project from the urban area and which is to be notified by the State Government; and Whereas, the locality of Sigar is a rural area under Mebo Sub-Divison in the District of East Siang, Arunachal Pradesh and is above 20 kms from Pasighat Township. Now therefore, in exercise of powers conferred under Sub-Section (1) and (2) of Section 26 read with the First Schedule of the said Act and all other powers enabling it in this behalf, the Governor of Arunachal Pradesh hereby notifies that for acquisition of land at Sigar, District East Siang Arunachal Pradesh, the market value of the said Land shall be multiplied by the factor of 2.00(two). This has the approval of the Competent Authority and has been duly vetted by the Law Department. Sd/-Belatee Pertin, IASCommissioner (Land Management)".;


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