Kento Eshi (Ori) v. THE STATE OF AP and 5 Ors

ORDER Date : 25-01-2022 Heard Mr. C. Modi, learned counsel for the petitioner. Also heard Ms. P. Pangu, learned Junior Government Advocate appearing for the respondent nos. 1, 2 & 4 and Mr. D. Kamduk, learned Standing counsel, Land Management Department representing respondent no. 3.

2. None appears for the respondent nos. 5 & 6.

3. Mr. G. Lollen, learned counsel has also been heard for respondent no. 7, in view of Shri Gumsen Lollen having been impleaded as respondent no. 7 by an order passed today in I.A.(C)9/2022. Page No.# 3/5

4. The challenge made in this writ petition is an order dated

02.12.2021 passed by the Deputy Commissioner, West Siang District, Arunachal Pradesh, Aalo, whereby, the claim and objection raised by the petitioner in respect of a notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as Act of 2013) for acquisition of private land measuring 49.63 Acres at Aalo for Indian Army has been rejected.

5. The grievance of the petitioner is that in an area measuring 49.63 Acres of land at Aalo proposed to be acquired for Indian Army by issuing a notification under Section 11(1) Act of 2013 by the Deputy Commissioner, West Siang District, Aalo, dated 30th September 2021, a portion of private land of the petitioner have been included therein, and despite inclusion of the private land of the petitioner in the aforesaid area, the petitioner’s name does not find in the list of beneficiaries notified by the Deputy Commissioner, West Siang District at Aalo. In view of the above, the grievance of the petitioner is that since the petitioner’s name does not find in the list of beneficiaries issued by the Deputy Commissioner, Aalo, in a proposed acquisition of land measuring 49.63 Acres at Aalo, which includes the private land of the petitioner, the portion of the private land of the petitioner included in the land proposed to be acquired measuring 49.63 Acres is required to be demarcated and carved out in favour of the petitioner so that it remains out of the purview of the proposed acquisition of land measuring 49.63 Acres. Page No.# 4/5

6. In the above backdrop of the facts, the case set out in this writ petition by the petitioner is that the grievance of the petitioner as highlighted hereinabove, have not been heard and considered by the Deputy Commissioner, West Siang District, Aalo before the impugned order dated 02.12.2021 was passed, thereby, not providing the petitioner adequate opportunity of hearing by permitting the petitioner to file a written objection and also to be represented by an advocate to hear the objection filed by the petitioner in respect of the proposed acquisition of land measuring 49.63 Acres at Aalo for Indian Army.

7. Notice of motion in the writ petition was issued on 22.12.2021, making it returnable today, whereby, it was provided that prayer for interim relief would be considered on this day.

8. Ms. P. Pangu, learned Junior Government Advocate, however, submits that she is yet to receive any instruction in the matter.

9. Having heard the learned counsel appearing for the contesting parties and also, in view of the specific contention raised by the petitioner that the impugned order dated 02.12.2021 has been passed by the Deputy Commissioner, West Siang District, Aalo, without providing the petitioner adequate opportunity of hearing by allowing the petitioner to file a written objection as well as to be represented by an advocate, I deem it appropriate to dispose of this writ petition at the stage of admission hearing by directing the Deputy Commissioner, West Siang District, Aalo (respondent no. 2, herein) to pass a fresh order in the matter of claims and objections filed by the petitioner in connection with Government notification issued under Section 11(1) of the Right to Page No.# 5/5 Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of private land measuring

49.63 acres at Aalo for Indian Army by providing an opportunity to the petitioner for filing a written objection as well as to be represented by an advocate, if the petitioner so desires.

10. Since respondent no. 7, Shri Gumse Lollen, Secretary, Panya, Dego, Bogdo, Rigo, Along Town Boundary Committee (in short “PDBRATBE”) was also heard by the Deputy Commissioner, Aalo before the impugned order dated

02.12.2021 was passed, the respondent no. 7, herein, namely, Shri Gumse Lollen, Secretary, PDBRATBE shall also be heard, for which the petitioner as well as the respondent no. 7 shall appear before the Deputy Commissioner, West Siang District, Aalo on 03.02.2022 along with the certified copy of this order.

11. Consequently, impugned order dated 02.12.2021 passed by the Deputy Commissioner, West Siang District, Aalo, vide Memo No. LM/Ws- 109/2014, stands set aside and quashed, to enable the Deputy Commissioner, West Siang District, Aalo to pass a fresh order in the matter after affording adequate opportunity of hearing to the parties as indicated hereinabove.

12. The writ petition, accordingly, stands disposed of. JUDGE Comparing Assistant