Siberite Community Land v. The Union of India and 4 Ors

ORDER Date : 30.05.2023

Heard Mr. Gallen Taloh, learned counsel for the petitioner.

Also heard Ms. Goter Ete, learned Addl. Senior Government Advocate, and Mr. Dugmar Kamduk, learned standing counsel, Department of Land Management, Government of Arunachal Pradesh, appearing on behalf of their respective respondents.

This writ petition has been filed by the petitioner viz. Siberite Community Land, represented by one Shri Tajom Kena, power-of-attorney holder, son of Late Menre Kena, resident of Siberite village, Lower Siang District, Arunachal Pradesh, seeking a direction to the respondents to pay Rs. 1,28,64,75,820/-, stated to be the compensation amount recalculated as per the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for the value of non-timber forest products(NTFP) and other horticultural and medicinal plants/trees in the community land of Siberite village.

Page No.# 3/4 Though there is no pleading as regards the population of Siberite village; but, Mr. Taloh, learned counsel for the petitioner, had made a submission that Siberite village consists of 61 persons.

The submission made by Mr. Taloh, learned counsel for the petitioner, that the Siberite village consists of only 61 persons is also subject to verification as to whether Siberite village actually consist of 61 persons.

Be that as it may, even if the submission of Mr. Taloh, learned counsel for the petitioner, that Siberite village consists of 61 persons is assumed to be correct, there is no indication in the writ petition that once, the amount of compensation, referred to hereinabove, is released by the authorities, in what manner; the aforesaid compensation amount shall be apportioned amongst the villagers of Siberite village.

Under the circumstances, I am of the considered view that since the compensation amount assessed, has been for a community land of Siberite village to which each member of Siberite village, will be entitled to the compensation amount; the writ petition needs to be filed by all the villagers of Siberite village or through a representative duly authorized by each members of the village as may be permitted under the law, indicating the total population of Siberite village and the manner, in which, the compensation amount assessed; shall be apportioned amongst the villagers of Siberite village.

In that view of the matter; this writ petition stands closed with liberty granted to the villagers of Siberite village, to file a fresh writ petition indicating, as above, if so advised.

Page No.# 4/4 With the above directions, the writ petition stands disposed of at the motion stage itself.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040006892023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 251/2023 1:Siberite Community Land Represented by Shri Tayom Kena, (Power of Attorney Holder), S/o Late Menre Kena, Resident of Siberite Village, Lower Siang District, Arunachal Pradesh. VERSUS 1:THE UNION OF INDIA and 4 Ors. Represented by the Secretary (Power), Ministry of Power, Govt. of India, Shram Shakti Bhawan, Rafi Marg, New Delhi 110001 2:THE STATE OF AP Represented by the Secretary Department of Land Management Govt. of Arunachal Pradesh Itanagar PIN 791111 3:NHPC Ltd. Represented by its Chairman and Managing Director having its Registered Office at NHPC Office Complex Sector 33 Faridabad Haryana PIN 121003 4:The Executive Director Subansiri Lower Hydro Electric Project NHPC Ltd. Gerukamukh P.O Gerakamukh District Dhemaji Assam PIN 787035 Page No.# 2/4 5:The Deputy Commissioner Lower Siang District Likabali Arunachal Pradesh PIN 79112 Advocate for the Petitioner : Parswajyoti Das Nair Khogen Bui Gallen Taloh Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA