Pandan Tsering and 18 Ors v. The State of Ap and 49 Ors

ORDER

29.01.2024 Heard Shri TT Tara, learned counsel for the petitioners. Also heard Shri N. Ratan, learned Addl. Advocate General, Arunachal Pradesh; Shri D. Kamduk, learned Standing Counsel, Land Management Department; Shri T. Omo, learned counsel for the respondent no. 5; Shri HK Jamoh, learned counsel for the respondent no. 7 and Shri RL Thungon, learned counsel for the respondent nos. 8 to 50.

¶2Considering the subject matter as well as the development which have taken place and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admission stage.

¶3The petitioners, who are 19 in numbers, have approached this Court Page No.# 9/9 challenging willingness / NOC dated 16.09.2021 and 18.09.2021 with regard to the acquisition of community land of the petitioners under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

¶4Shri Tara, learned counsel for the petitioners, by referring to the communication dated 19.05.2023 which has been brought on records by the affidavit-in-opposition filed by the respondent nos. 3 and 4 has submitted that the petitioners could approach their respective Gaon Buras (GBs) with regard to the grievance relating to withdrawal their consent for donation of the land. In terms of the said communication, the petitioners had submitted an application dated 30.05.2023 to the respective Gaon Buras for withdrawal of their consent. This Court has been informed that the matter is under active consideration and the Gaon Buras are also vested with powers to deal with such powers.

¶5In view of the aforesaid development, this Court is of the view that there is no requirement to keep this writ petition pending any further.

¶6Accordingly, the writ petition is closed by directing the Gaon Buras to consider the representations of the petitioners and pass appropriate orders strictly in accordance with law and such disposal may be made expeditiously.

¶7It is however observed that the parties would have liberty to agitate the outcome of such consideration, if so advised.

¶8Order of status-quo dated 26.06.2023 stands vacated. JUDGE Comparing Assistant

Page No.# 1/9 GAHC040007592023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/269/2023 Pandan Tsering and 18 Ors. S/o Lt. Thutan Dorjee, Village Sakyur, PO/PS Lumla, District, Tawang, Arunachal Pradesh 2: Tsewang Tenzin Age: 3: Tsering Wanchu Age: 4: Lham Gyatsok Age: 5: Norbu Rapgey Age: 6: Tenzin Wangchak Age: 7: Choebay Rapten Age: 8: Sonam Jekme Page No.# 2/9 Age: 9: Jambey Tashi Age: 10: Thinley Zangmu Age: 11: Dorjee Drema Age: 12: Sonam Dorgey Age: 13: Pema Khandu Age: 14: Phurpa Rinchen Age: 15: Tashi Pema Age: 16: Rinchen Tsomu Age: 17: Tsering Norbu Age: Page No.# 3/9 18: Ganden Chotten Age: 19: Kuncho Tsomu Age: Occupation VERSUS THE STATE OF AP and 49 Ors. Represented by the Secretary (Land Management), Govt. of Arunachal Pradesh, Itanagar. 2:the Director (Land Management) 3:the Deputy Commissioner 4:the Additional Deputy Commissioner 5:VKV 6:the Assistant Engineer 7:M/s Global Royal Construction 8:Kesang Tashi Page No.# 4/9 9:Thutan Choibey Age: 49 10:Gentse Thinley Age: 33 11:Lobsany Tsetan Age: 55 12:Gom Norbu 13:Rinchin Gyatso 14:Lham Wangdi 15:Lham Norbu 16:Sonam Tharchin 17:Kessang Doldon Damo 18:Kunjang Tsomu Page No.# 5/9 19:Lham Drema 20:Koncho Lham 21:Gom Drema 22:Sangey Tsomu 23:Nima Dorjee 24:Jamba Tsomu 25:Smti Norbu Drema 26:Smti Tsering Droma 27:Smti Sonam Yeton Page No.# 6/9 28:Shri Sonam Paton 29:Smti Rinchin Drema 30:Smti Tsering Jangmu 31:Shri Rhetar Wangchu 32:Shri Tashi Tenzin 33:Shri Tsering Dorjee 34:Shri Sonam Namgey 35:Shri Dawa Tsering 36:Smti Thuten Pema 37:Smit Tsering Tsomu Page No.# 7/9 38:Shri Leki Norbu 39:Shri Tenzing Chorup 40:Shri Tenzing Dakpa 41:Smti Kesang Drema 42:Smti Dorjee Pema 43:Smti Sonam Wangmu 44:Shri Thutan Leki 45:Shri Pem Tashi 46:Shri Rinchin Tsering 47:Shri Tashi Wangdi Page No.# 8/9 48:Smti Thutan Choikey 49:Shri Phurpa Tashi 50:Shri Lobsang Dargey Occupation Advocate for the Petitioner : T T Tara Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE S.K.MEDHI