Ariya Meto and 29 Ors v. The State of Ap and 2 Ors

ORDER Date : 10.03.2023 Heard Mr. S. Mow, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Senior Government Advocate representing the State. The petitioners, all together 30 in nos., have approached this Court praying for payment of solatium contending that each of the petitioner's land were acquired in terms of the notification dated 29.07.2014, issued under Section 10 of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947 (In short Act of 1947), by the Commissioner, Land Management, Government of Arunachal Pradesh, vide no. LM-58/2014, for acquisition of land "Starting from 5.6 point on Meka Hunli Anini road right bank of Iphipani river to 16 Km point" without, however, payment of any solatium to the petitioners. The petitioners contend that by a judgment of the Division Bench of this Court dated 12.09.2022 passed in WA/15/2022, it is a settled proposition of law that in a land acquisition made under Act of 1947 the compensation payable for the land acquired would be determinable in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013, (In short Act of 2013) and accordingly, the petitioners herein, would also be entitled to the payment of solatium in Page No.# 8/9 accordance with the Act of 2013. I have perused the judgment rendered by the Division Bench of this Court dated 12.09.2022 in WA 15/2022, wherein, it has been held that though the petitioner's land therein were acquired under Section 10 of the Act of 1947, yet, the petitioners are entitled to payment of solatium as well as the interest as provided in the Act of 2013. In view of the above, this writ petition is disposed of with a direction to the Deputy Commissioner, Lower Dibang Valley, Roing to verify as to whether the petitioners herein were paid the compensation pursuant to the notification dated 29.07.2014, issued under Section 10 of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947, issued by the Commissioner, Land Management, Government of Arunachal Pradesh, vide no. LM-58/2014 for acquisition of land "Starting from 5.6 point on Meka Hunli Anini road right bank of Iphipani river to 16 Km point." If, on verification made it is found that the petitioners herein have been paid the compensation pursuant to the notification dated 29.07.2014, issued under Section 10 of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947, the petitioners shall also be paid the solatium as well as the interest in terms of the Act of 2013. The verification as directed above and the payment thereof, if any, shall be made by the respondents as expeditiously as possible and in any case, not later than 3 months from the date of receipt of a certified copy of the order passed today, which shall be submitted by the petitioners along with a copy of the writ petition as well as the additional affidavit to the Deputy Commissioner, Lower Dibang Valley, Roing. Page No.# 9/9 Writ petition stands disposed of with the above direction. JUDGE Comparing Assistant

Page No.# 1/9 GAHC040009752021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 321/2021 1:Ariya Meto and 29 Ors. S/o Unti Meto, R/o Keraa Ati, PO/PS Roing, Lower Dibang Valley District, Arunachal Pradesh 2: Reti Misu Permanent resident of Village Iphingo Lower Dibang Valley AP 792110 3: Alopi Mekola S/o Atro Mekola Permanent resident of Village Iphingo 4: Tura Linggi S/o Shri Tima Linggi permanent resident of Kebali village Roing 5: Santi Miwu W/o Shri Faine Tapo Permanent resident of Kebali Village Page No.# 2/9 P.O/PS Roing 6: Santi Linggi W/o Akole Linggi Permanent resident of Village Kebali 7: Kuni Linggi S/o Shri Aka Linggi Permanent resident of Village Iphingo 8: Kinako Linggi W/o Shri Somi Elapra Permanent resident of village Iphingo 9: Heta Elapra S/o Kogo Elapra Permanent resident of Iphingo 6 Km Village 10: Ajay Ekru S/o Nusuchu Ekro Permanent resident of Village Iphingo Village Page No.# 3/9 11: Simili Mithi W/o Ekata Mili Permanent resident of Village Kebali 12: Athuko Tapo S/o Shri Sundu Tapo permanent resident of Village Kebali 13: Ista Pulu S/o Shri Risha Pulu Permanent resident of Village Kebali 14: Joweta Meme S/o Limu Meme Permanent resident of Roing Mayu II 15: Jitu Pulu S/o Shri Ahuki Pulu Permanent resident of School Line Mayu II 16: Sipi Elapra W/o Aken Linggi Permanent Resident of Roing Mayu I Page No.# 4/9 17: Akene Linggi S/o Pitu Linggi Permanent resident of Kendriya Vidyalaya Colony Roing 18: Nimati Elapra W/o Muachu Mihu Permanent resident of Village Mayu II Lower Dibang Valley 19: Jino Linggi S/o Andasi Linggi Permanent resident of Iphingo village 20: Tiba Mili S/o Shri Akhota Mili Permanent resident of Village Ephingo 21: Chiko Tapo S/o Batu Tapo Permanent resident of Villae Kebali Roing Page No.# 5/9 22: Demaji Linggi S/o Shri Jabonge Linggi Permanent resident of Village Kebali Roing 23: Dature Miuli S/o Shri Yindo Miuli Permanent resident of Iduli Village 24: Ela Linggi S/o Shri Enga Linggi Permanent resident of Ezengo Roing 25: Jumili Elapra W/o Shri Ongome Mishu Permanent resident of Village Iphingo 26: Aja Elapra S/o Shri Janu Elapra Permanent resident of Roing Cheta I Arunachal Pradesh. 27: Bihani Melo S/o Shri Yoge Melo Permanent resident of Village Iphingo Page No.# 6/9 28: Japani Miche S/o Shri Akudu Miche Permanent resident of Village Iphingo 6 Km Point 29: Ipra Mekola S/o Shri Yage Mekola Permanent resident of Ezengo Village 30: Azadi Pulu S/o Lt. Ahuki Pulu Permanent resident of Village Mayu II Roing Arunachal Prades VERSUS 1:THE STATE OF AP and 2 Ors. Represented by the Secretary, Department of Land Management, Govt. of Arunachal Pradesh, Itanagar 2:The 752 BRTF HQ 752 BRTF (GREF) Roing AP 3:The Deputy Commissioner Roing Page No.# 7/9 Advocate for the Petitioner : Sunil Mow Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA