Jalamso Malo and 62 Ors v. The Union of India and 6 Ors

JUDGMENT & ORDER(ORAL)

Heard Shri S. R. Rabha, the learned counsel for the petitioners. Also heard Mr. M. Kato, the learned DSGI, Shri N. Ratan, the learned Additional Advocate General of the State and Shri D. Kamduk, the learned Standing Counsel, Land Management Department.

¶2Considering the subject matter, the pleadings which has been exchanged and as agreed by the parties, the instant writ petition is Page No.# 5/11 taken up for the disposal at the admission stage.

¶3The petitioners, who are 63 in numbers have joined together with a claim for payment of the compensation in connection with a land acquisition proceeding initiated vide a Notification dated

13.11.2015 under Section 10 of the Jhum Land Regulation Act 1947 for consideration of 0-15 Km (from 143 Km-158 Km), Hunli-Metiliang-Hayuliang(HMH) defence road. It is the case of the petitioners that after the acquisition of land, while the compensation was assessed, the compensation pertaining to the trees, crops and Zirat was not assessed. It is submitted on behalf of the petitioners that while an amount of Rs. 1,32,30,000/-(Rupees One Crore Thirty Two Lakhs Thirty Thousand)only was paid to the petitioners with regard to the land which was acquired, the amount pertaining to the Zirat has not been paid. The unpaid amount has been quantified as Rs.14,96,98,469/-(Rupees Fourteen Crore Ninety Six Lakhs Ninety Eight Thousand Four Hundred and Sixty Nine)only.

¶4Shri Rabha, the learned counsel has referred to a Minutes of meeting dated 29.03.2016, which amongst others, was also attended by the representative of the 116 RCC (GREF), Hayuliang. It is submitted that in the said meeting, the aspect of compensation for standing crops and properties on the ROW was also approved. By referring to the order dated 23.05.2016, Shri Rabha, the learned counsel has submitted that a Board was constituted for re-verification and assessment of agriculture/horticulture crops damaged due to construction of HMH defence road and the said Page No.# 6/11 Board, amongst others also had representative of OC, 116 RCC(GREF). It is also submitted that as a sequel to the said order, another order was issued on 19.01.2017, with regard to the survey which was required to be done for the necessary re-verification and assessment. Ultimately, an assessment was done and a communication was issued by the Additional Deputy Commissioner, Anjaw District dated 13.10.2017 to the Commanding Officer, 116 RCC (GREF). By the said communication, the bill for compensation, as assessed by the Board was enclosed. It may be mentioned that the requiring authority of the acquisition proceeding was 116 RCC

(GREF).

¶5It is the inaction of the respondent authorities more particularly the RCC (GREF) in not releasing the payment for which instant petition has been filed.

¶6Shri Rabha, the learned counsel for the petitioners has submitted that to verify the bonafide and authenticity of the claims, a Board was constituted which included representative of the requiring authority and the assessment was done by the said Board leading to an issuance of the communication dated 13.10.2017 and therefore, there cannot be any reasons to hold back the said amount. It is submitted that the petitioners have a legal right to receive the compensation which has been duly assessed. It is also submitted that the verification exercised is not the subject matter of any challenge in any forum and therefore, the findings of the Board are required to be implemented. Page No.# 7/11

¶7Shri N. Ratan, the learned Additional Advocate General has submitted that both the Deputy Commissioner and the Additional Deputy Commissioner of the concerned district have filed separate affidavit-in-opposition. By referring to the affidavit-in-opposition dated 10.07.2023, filed by the respondent No.6, the learned State counsel submits that the State is not rising any objection on the claims as the assessment was done duly by constituted board consisting of representative of all the stakeholders including the requiring authority.

¶8Mr. D. Kamduk, the learned Standing Counsel, Land Management Department submits that he endorses the stand of the State Government and no separate affidavit has been filed.

¶9Shri M. Kato, the learned DSGI, however, submits that all the assessed amount was duly paid to the Government for disbursement. He however, submits that with regard to the present amount in question adequate explanation has been given in the affidavit-in-opposition filed by his client.

¶10By referring to the affidavit-in-opposition filed by the respondents No.1, 2 and 7 dated 29.01.2024, the learned counsel for the Central Government has submitted that in paragraph-11 of the said affidavit, it has been categorically stated that vide an earlier communication dated 28.05.2015, it was informed that no further claims would be entertained. It is also submitted that the revised estimate is not acceptable after six year. For ready reference, Page No.# 8/11 paragraph-11 of the said affidavit is extracted herein below. "11. That with regards to statement made in paragraph No.10 of the writ petition, the answering deponent submits that No objection Certificate has also been obtained from Addl Deputy Commissioner, Anjaw vide their letter No. HLGIA-01/10-11/405-06, dated 28 May 2015 (Appendix-'G'), duly stating that the 132.30 Lacs is the final compensation for Land and private property/assets. Relevant extract reads as under:-

"No further claim will come up during course of construction on account of any type of compensation for land/pt property from any individual land owners or State Govt. departments like Dept. of Agri/Horti, Dept. of Power, Dept. of PHE & Water Supply, PWD & RWD Depts. Etc. In view of the above, there is no objection from this office for undertaking construction of above subject road to NHDL specification with immediate effect."

Hence submission of revised estimate after six year was not acceptable."

¶11The rival contentions made on behalf of the parties has been duly considered.

¶12The present claims of the petitioners relate to a compensation for agriculture and horticulture crops and also ROW. The Minutes of meeting held on 29.03.2016, has clearly recommended payment of such compensation for standing crops and properties on ROW and in the said meeting, amongst others, was also attended by the CO, 116 RCC, as noted above. The Board constituted for re-verification and assessment in the said aspect also included members of the requiring authority, namely, the CO 116 RCC (GREF) and the said Page No.# 9/11 Board was constituted in May,2016 itself and vide subsequent notification dated 19.01.2017, the survey was also notified. The recommendation of Committee after assessment was duly communicated on 13.10.2017 itself by the Additional Deputy Commissioner to the OC, 116 RCC (GREF) along with the enclosure containing all the details. A perusal of the enclosure which shows that the following details were given;

¶1Name of the Victim

¶2Village

¶3Distance

¶4Location from Road/Alignment

¶5Name of Crops

¶6Nos./per clump

¶7Name of plants

¶8Rate

¶9Value All the assessment sheets were duly signed by the concerned officials.

¶13This Court have also noticed that in both the affidavits filed by the Deputy Commissioner and Additional Deputy Commissioner, the claim of the petitioners has not been refuted and rather recommendation has been made for such release.

¶14The only objection which is seen from the affidavit of the requiring authority is that there was a communication dated

28.05.2015, regarding final compensation and no further claims was Page No.# 10/11 to be entertained. This Court has however, noticed that admittedly the amount of Rs.132.30 Lacs was the final compensation for the land and was not pertaining to the Zirat, crops and ROW. Therefore, the present claim is not in connection with the land in question but for the Zirat which has been specified. This Court is also unable to accept the stand taken in the said paragraph-11 that after 6 years the revised estimate cannot be accepted. The acceptance of same cannot be reckoned from the date of filing of the writ petition or the affidavit but from the date on which the assessment was notified and communicated to the requiring authority which was done on

13.10.2017 itself. Therefore, the delay, if any is on the part of the requiring authority for which the petitioners cannot be found fault with.

¶15In view of the above aforesaid discussion and the materials which shows that the assessment was arrived at by following a due process of law and in transparent manner, this Court is of the view that the petitioners have been able to make out a case for interference.

¶16In view of the above, it is directed that the assessed amount for the standing crops and properties and ROW as communicated vide letter dated 13.10.2017, amounting to Rs.14,96,98,469/- (Rupees Fourteen Crore Ninety Six Lakhs Ninety Eight Thousand Four Hundred and Sixty Nine)only be released to the petitioners expeditiously and in any case, within a period of 2(two) months from the date of receipt of a certified copy of this Order. Since, the Page No.# 11/11 amount was entitled to by the petitioners, the same would also carry interest from the date of issuance of the communication dated

13.10.2017 at the rate of 6% per annum.

The writ petition accordingly, stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/11 GAHC040000842023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/18/2023 1:Jalamso Malo and 62 Ors. S/o Mejenglum Malo, Permanent Resident of Hoiliang, PO/PS Hayuliang, Anjaw District, AP 2: Walianso Malo S/o Lt. K. Malo R/o Hoiliang Village Anjaw District A.P 3: Hilingum Malo S/o Lt. M. Malo R/o Hoiliang Village Anjaw District A.P 4: Bengliang Malo W/o Bachelum Malo R/o Hoiliang Village Anjaw District A.P 5: Dekhalu Malo W/o Medulum Malo R/o Hoiliang Village Anjaw District A.P 6: Mendulum Malo S/o Baru Malo R/o Hoiliang Village Anjaw District A.P 7: Shalemso Malo S/o Shri S. Malo R/o Hoiliang Village Anjaw District A.P 8: Baso Malo S/o Shri Baselum Malo R/o Hoiliang Village Anjaw District A.P 9: Langemso Malo S/o Shri Medulum Malo R/o Hoiliang Village Anjaw District A.P 10: Epailiang Malo D/o Katulum Malo R/o Hoiliang Village Anjaw District A.P 11: Esenso Malo S/o Katulum Malo R/o Hoiliang Village Anjaw District A.P 12: Wetemso Malo S/o Katulum Malo R/o Hoiliang Village Anjaw District A.P 13: Talaiso Malo S/o Shri Hililum Malo R/o Hoiliang Village Anjaw District A.P 14: Katulum Malo S/o Lt. Dulum Malo R/o Hoiliang Village Anjaw District A.P 15: Alamai Malo W/o Lt. Mesolum Malo R/o Hoiliang Village Anjaw District A.P 16: Tindyamsai Malo W/o Nemso Malo R/o Hoiliang Village Anjaw District A.P Page No.# 2/11 17: Mitali Malo D/o Shri Bachelum Malo R/o Hoiliang Village Anjaw District A.P 18: Kenbaliang Malo W/o Abenso Malo R/o Hoiliang Village Anjaw District A.P 19: Diranso Malo S/o Tarolum Malo R/o Hoiliang Village Anjaw District A.P 20: Gemi Malo S/o Lt. Begelum Malo R/o Hoiliang Village Anjaw District A.P 21: Bailu Malo W/o Jalamso Malo R/o Hoiliang Village Anjaw District A.P 22: Bachelum Malo S/o Mejinglum Malo R/o Hoiliang Village Anjaw District A.P 23: Yirangso Malo S/o Katulum Malo R/o Hoiliang Village Anjaw District A.P 24: Balelum Malo S/o M. Malo R/o Hoiliang Village Anjaw District A.P 25: Oroso Malo S/o Mejenlum Malo R/o Hoiliang Village Anjaw District A.P 26: Baselum Malo S/o Lt. Jumba Malo R/o Hoiliang Village Anjaw District A.P 27: Umanso Malo S/o Lt. K. Malo R/o Hoiliang Village Anjaw District A.P 28: Bomkisai Malo W/o Yirangso Malo R/o Hoiliang Village Anjaw District A.P 29: Atingliang Malo D/o Katulum Malo R/o Hoiliang Village Anjaw District A.P 30: Bomemso Malo S/o Mindulum Malo R/o Hoiliang Village Anjaw District A.P 31: Sanemsai Malo D/o Balaylum Malo R/o Hoiliang Village Anjaw District A.P 32: Baingso Malo S/o Balaylum Malo R/o Hoiliang Village Anjaw District A.P 33: Bahaiso Malo S/o Balaylum Malo R/o Hoiliang Village Anjaw District A.P 34: Bichenso Malo S/o Lt. Mesolum Malo R/o Hoiliang Village Anjaw District A.P 35: Sohisio Malo S/o T. Malo R/o Hoiliang Village Anjaw District A.P 36: Gujitliang Malo D/o Lt. Nemso Malo R/o Hoiliang Village Anjaw District A.P 37: Aosanglum Malo S/o Shri Mejenlum Malo R/o Hoiliang Village Anjaw District A.P 38: Chodemso Malo S/o Baselum Malo R/o Hoiliang Village Anjaw District A.P 39: Bomso Malo S/o Mejenlum Malo R/o Hoiliang Village Anjaw District A.P 40: Khasa Gam S/o Lt. Tablum Gam R/o Tafraliang Village Anjaw District AP Page No.# 3/11 41: Bafinglum Gam S/o Lt. R. Gam R/o Hoiliang Village Anjaw District A.P 42: Sonemso Gam S/o B. Gam R/o Hoiliang Village Anjaw District A.P 43: Basinglum Gam S/o Lt. M. Gam R/o Hoiliang Village Anjaw District A.P 44: Bihemso Gam S/o Lt. B. Gam R/o Village Tafraliang Anjaw District AP 45: Bagemso Gam S/o Lt. S. Gam R/o Village Matiliang Anjaw District AP 46: Somi Gam S/o Lt. S. Gam R/o Village Matiliang Anjaw District AP 47: Jademso Gam S/o Lt. C. Gam Page No.# 8 /11 R/o Village Matiliang Anjaw District AP 48: Abrodo Gam S/o Lt. G. Gam R/o Village Matiliang Anjaw District AP 49: Misinglum Gam S/o Lt. T. Gam R/o Village Hoiliang Anjaw District AP 50: Soheso Gam S/o C. Gam R/o Village Hoiliang Anjaw District AP 5 1: Sosemso Gam S/o Jademso Gam R/o Hoiliang Vill