Shri Peli Nyicyor v. The Union of India and 4Ors

ORDER Date : 17.12.2024

Mr. A. Chetry, the learned counsel appearing on behalf of the Petitioner in the instant writ petition submits that there has been no acquisition proceedings initiated under the applicable provisions of law. He therefore submits that without there being a valid acquisition, the land of the Petitioner as well as the benefits attached to the lands as well as arising to the lands cannot be appropriated by the State without following the due process. The learned counsel however submits that on a completely incorrect legal advice, the instant writ petition has been filed seeking benefits and as such, he has been instructed by the Petitioner to withdraw the writ petition. He therefore submits that the action on the part of the State to appropriate the land as well as what were attached and benefits arising on the land being illegal, the Petitioner be given the liberty to challenge the same. Page No.# 3/3

¶2This Court during the course of hearing had also enquired with Mr. A. Chandran, the learned Additional Senior Government Advocate, State of Arunachal Pradesh as to whether any proceedings have been initiated under the applicable acquisition Acts. The learned Additional Senior Government Advocate submits that to his instruction, there is no acquisition proceedings initiated. However, there were certain attempts being made to make settlements so that the project of the National Hydroelectric Power Corporation could be set up.

¶3Mr. A. R. Gogoi, the learned Standing counsel appearing on behalf of the National Hydroelectric Power Corporation submits that as regards the withdrawal of the Petition, he has no objection. However, the liberty so granted should be subject to keeping the maintainability as well as the entertainability of such writ petitions open.

¶4Taking into account the above submissions, this Court closes the instant writ petition on withdrawal.

¶5However, this Court grants the liberty to the Petitioner to challenge the purported exercise of the State Authorities to deprive the Petitioner of his lands as well as the benefits arising out of the said land. It is made clear that the liberty so granted would be subject to keeping the maintainability as well as the entertainability of the writ petition open.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010100732023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2554/2023o SHRIoPELIoNYICYORo R/O-TANGOoVILLAGE,oDIST-oLOWERoSIANG,oARUNACHALoPRADESH,oPIN-o 791125 VERSUSo THEoUNIONoOFoINDIAoando4ORSo REPRESENTEDoBYoTHEoSECRETARYo(POWER),oMINISTRYoOFoPOWER,o GOVERNMENToOFoINDIA,oSHRAMoSHAKTIoBHAWAN,oRAFIoMARG,oNEWo DELHI-o110001. 2:THEoSTATEoOFoARUNACHALoPRADESH oREPRESENTEDoBYoTHEoSECRETARY oDEPARTMENToBYoTHEoSECRETARY oDEPARTMENToOFoLANDoMANAGEMENT oGOVERNMENToOFoARUNACHALoPRADESH oITANAGAR oPIN-791111 3:NHPCoLTD. oREPRESENTEDoBYoITSoCHAIRMANoANDoMANAGINGoDIRECTOR oHAVIMGoITSoREGISTEREDoOFFICEoATo-oNHPCoOFFICEoCOMPLEX oSECTORo33 oFARIDABAD oHARYANA oPIN-o121003. 4:THEoEXECUTIVEoDIRECTOR oSUBANSIRIoLOWERoHYDROoDLECTRICoPROJRCT oNHPCoLTD oGERUKAMUKH oP.O.oGERAKAMUKH Page No.# 2/3 DIST DHEMAJI ASSAM PIN- 791125. 5:THE DEPUTY COMMISSIONER LOWER SIANG DIST- LIKABALI ARUNACHAL PRADESH PIN- 79112 For the Petitioner(s) : Mr. A. Chetry, Advocate For the Respondent(s) : Mr. A. R. Gogoi, Standing Counsel : Mr. A. Chandran, Addl. Sr. GA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH