The Deputy Commissioner v. Topenso Tega and 124 Ors

ORDER Date : 02.03.2023 (N. Tagia, J.)

In view of the order passed today in IA(C)/40(AP)/2023 condoning the delay of 45 days in preferring the appeal, this writ appeal is taken up for admission hearing.

Heard Mr. S. Tapin, learned Senior Government Advocate appearing for the appellant and Mr. M. Kato, learned DSGI for opposite party No. 125.

Perusal of order dated 16.12.2022, passed by the learned Single Judge in Page No.# 24/27 IA(C)/248(AP)/2022 and the extent to which it has been put to challenge in WA/06(AP)/2023, it indicates that even if the writ appeal is allowed the respondent Nos. 1 to 124 will not be prejudiced in any manner. In view of the above, notice on respondent Nos. 1 to 124 are hereby dispensed with.

This intra-court appeal is directed against the order dated 16.12.2022 passed in IA(C)/248(AP)/2022 in WP(C)/320(AP)/2021(disposed of), whereby, while granting the applicant in IA(C)/248(AP)/2022/respondent No. 125, herein a further period of 2(two) months to comply with the order dated 08.09.2022 passed in WP(C)/320(AP)/2021, had further directed the applicant/Deputy Commissioner, Anjaw, to furnish a copy of the duly approved land estimate compensation to the tune of Rs. 35,94,01,935/- within a period of 2 days therefrom.

The appellant is aggrieved by the order of the learned Single Judge passed in the aforesaid IA(C)/248(AP)/2022 to the extent by which the applicant/Deputy Commissioner, Anjaw District has been directed to furnish a copy of the duly approved land estimate compensation to the tune of Rs. 35,94,01,935/-.

The respondent Nos. 1 to 124 had preferred a writ petition being WP(C)/320(AP)/2021 seeking a direction to the respondent authorities to pay an amount of Rs.35,94,01,935/- to the petitioners for the land that has been acquired from them.

Upon adjudication of the writ petition i.e. WP(C)/320(AP)/2022 filed, the Page No.# 25/27 learned Single Judge had disposed of the WP(C)/320(AP)/2021 by an order dated 08.09.2022, whereby, the acquiring authority/respondent No. 4 who is the respondent No. 125, herein, has been directed to deposit the assessed amount of Rs. 35,94,01,935/- in the account of Deputy Commissioner, Anjaw, within a period of 1(one) month from the date of the order. The Deputy Commissioner, Anjaw District, was thereafter directed to disburse the aforesaid deposited amount to each of the beneficiaries within a period of 15 days after such deposit has been made.

The respondent No. 125 herein, had preferred an Interlocutory Application being IA(C)/248(AP)/2022 filed in WP(C)/320(AP)/2021(disposed of) whereby, further 3(three) months time was prayed for, to comply with the order dated

08.09.2022 passed in WP(C)/320(AP)/2021. While the IA(C)/248(AP)/2022 filed by the respondent No. 125 herein, was disposed of by the learned Single Judge, by granting the respondent No. 125 further 2(two) months time to comply with the Court's order dated 08.09.2022 passed in WP(C)/320(AP)/2021(disposed of), the Court had also directed the Deputy Commissioner, Anjaw District, to furnish a copy of the duly approved land estimate compensation to the tune of Rs. 35,94,01,935/- within a period of 2(two) days therefrom.

The appellant/Deputy Commissioner, Anjaw District, is aggrieved by the order dated 16.12.2022 passed in IA(C)/248(AP)/2022, to the extent that the Deputy Commissioner has been directed to furnish a copy of the duly approved land estimate compensation to the tune of Rs. 35,94,01,935/- contending that when the WP(C)/320(AP)/2021 was adjudicated by the learned Single Judge vide order dated 08.09.2022, there was no mention of furnishing a copy of the Page No.# 26/27 duly approved land estimate compensation to the tune of Rs. 35,94,01,935/- by the Deputy Commissioner, Anjaw District.

In the absence of any mention made in the order dated 08.09.2022 passed in WP(C)/320(AP)/2021, the learned Single Judge in the IA(C)/248(AP)/2022 filed by the respondent No. 125 praying for 3(three) months additional time for compliance of the order dated 08.09.2022 passed in WP(C)/320(AP)/2021, could not have added an additional stipulation such as furnishing a copy of the duly approved land estimate compensation to the tune of Rs. 35,94,01,935/- within a period of 2(two) days therefrom.

Upon hearing the learned counsels for the parties, and on perusal the order dated 08.09.2022 passed in WP(C)/320(AP)/2021, we notice that in the order, dated 08.09.2022, passed by the learned Single Judge in WP(C)/320(AP)/2021, there was no mention of furnishing a copy of the duly approved land estimate compensation to the tune of Rs. 35,94,01,935/- by the Deputy Commissioner, Anjaw,

In view of the above, we are in agreement with the contention made by the learned Senior Government that in an application filed by the respondent No. 125 praying for further period of 3(three) months' time for compliance of the order passed in writ petition, the learned Single Judge could not have further directed the Deputy Commissioner, Anjaw District, to furnish a copy of the duly approved land estimate compensation which was not mentioned in the order dated 08.09.2022 passed in WP(C)/320(AP)/2021.

Page No.# 27/27 Accordingly, this appeal stands allowed by interfering with the order of the learned Single Judge dated 16.12.2022 passed in IA(C)/248(AP)/2022 to the extent it had directed the Deputy Commissioner, Anjaw to furnish a copy of the duly approved land estimate compensation to the tune of Rs. 35,94,01,935/- within a period of 2(days) therefrom.

Appeal is allowed to the extent indicated above and accordingly stands disposed of.

JUDGE JUDGE Comparing Assistant

Page No.# 1/27 GAHC040002812023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WA 6/2023 1:The Deputy Commissioner Arunachal Pradesh. VERSUS 1:Topenso Tega and 124 Ors. - S/o Mishe Tega Resident of Village Abohagam PO/PS Anjaw District Arunachal Pradesh. 2:Raptenso Tega S/o Lt. K. Achonyu Permanent Resident of Village Aphomna Chaglagam Dalai Valley Anjaw Dist. Arunachal Pradesh. 3:Muenso Achonyu S/o Yatong Tega Resident of Village Aphomna PO/PS Anjaw District 4:Jamtem Achanyu S/o Khayama Taflap Page No.# 2/27 Resident of Village Aphomna PO/PS Anjaw District 5:Nibren Achanyu S/o Achanyu Resident of Village Aphomna P.O/P.S Anjaw District 6:Katam Flakam W/o Topenso Tega Resident of Village Tafalagam PO/PS Anjaw District 7:Chokhi Taflap S/o T.Taflap Resident of Village Taflagam Dalai PO/PS Anjaw 8:Kulelam Apho S/o A. Apho Resident of Village Aphemla Dalai PO/PS Anjaw District 9:Hacholing Apho S/o S. Apho Resident of Village Aphomla Dalai PO/PS Anjaw District 10:Jaluso Achunyu S/o P. Achunyu Resident of Village Aphomla Dalai Page No.# 3/27 PO/PS Anjaw District 11:Johilee Achunyu S/o M. Achunyu Resident of Village Aphomla Dalai PO/PS Anjaw District Arunachal Pradeh 12:Petin Achunyu S/o T. Achunyu resident of village Aphomla Dalai PO/PS Anjaw District 13:Buglelum Tega S/o Lt. D. Teja Resident of Village Chaglongam Dalai PO/PS Anjaw District 14:Melan Bellai S/o Lt. Titusa Bellai Resident of Village Taflaglam Dalai PO/PS Anjaw 15:Titusa Bellai S/o Lt. Bellai Resident of Village Taflagam Dalai PO/PS Anjaw District 16:Tiwailiary Bellai (Taflap) S/o Domo Taflap Resident of Village Taflagam Dalai Page No.# 4/27 PO/PS Anjaw District 17:Mamta Achuyu S/o Shri A. Achumyu Resident of Village Aphomla Dalai PO/PS Anjaw District 18:Humanglum Achunyu S/o Shri A. Achunyu Resident of Village Aphomla Dalai PO/PS Anjaw District Arunachal Pradesh. 19:Aahika Achonya S/o Shri P. Achonyu Resident of Village Aphomla Dalai PO/PS Anjaw District 20:Baiso Apho S/o Shri C. Apho Resident of Village Aphomla Dalai PO/PS Anjaw District 21:Badyalom Apho S/o Shri C. Apho Resident of Village Aphomla Dalai PO/PS Anjaw district 22:Yeteng Flakam S/o Shri Resident of Village Tarampa Dalai PO/PS Anjaw District Page No.# 5/27 23:Sohra Apho S/o Shri M. Apho Resident of Village Aphomla Dalai PO/PS Anjaw District 24:Jageso Apho S/o Shri C. Apho Resident of Village Aphomla Dalai PO/PS Anjaw District 25:Manso S/o Shri K. Satam Resident of Village Chaka Dalai PO/PS Anjaw District 26:Niram Tega S/o Shri M. Tega Resident of Village Tegmla Dalai PO/PS Anjaw District 27:Bomden Achonyu S/o Shri B. Achonyu Resident of Village Aphunla Dalai PO/PS Anjaw District 28:Ganju Tega S/o Shri Jingling Tega Resident of Village Tegamna Dali PO/PS Anjaw District Page No.# 6/27 29:Wechali Ritti S/o Shri S. Ritti Resident of Village Tegamna Dalai PO/PS Anjaw District 30:Alanso Ritti S/o Shri S. Ritti Resident of Village Rittiliay Dalai PO/PS Anjaw District 31:Samai Flakam S/o Shri B. Flakam Resident of Village Tarampa Dalai PO/PS Anjaw District 32:Surin Flakam S/o Shri Y. Flakam Resident of Village Taflagam Dalai PO/PS Anjaw District 33:Chelelam Flakam S/o Shri S. Flakam Resident of Village Taflagam Dalai PO/PS Anjaw District 34:Babrum Tega S/o Shri D. Tega Resident of Village Dalai PO/PS Anjaw District 35:Disamlu Tayang W/o Shri Topinso Tega Page No.# 7/27 Resident of Village Abohagun Dalai PO/PS Anjaw District 36:Mitinum Masap S/o Shri S. Masap Resident of Village Khoraliang Dalai PO/PS Anjaw District 37:Jouinlu Tega S/o Shri M. Tega Resident of Village Abohagam Dalai PO/PS Anjaw District 38:Sowailum Samba S/o Shri A. Samba Resident of Village Ziro Dalai PO/PS Anjaw District 39:Ranaso Flakam S/o Shri K. Flakam Resident of Village Taflagam Dalai. PO/PS Anjaw District 40:Likhasai Tega S/o Shri Jinraso Tega Resident of Village Abohagam Dalai PO/PS Anjaw District 41:Hulensai Achenyu S/o K. Achonyu Resident of Vill Aphumna PO Khupa PS Hay