Tashi Pujen and Anr v. Ajay Kumar Bhalla and 5 Ors

ORDER Date : 15-03-2023 None appears for the petitioners, on call. However, Mr. Marto Kato, learned counsel, and Mr. Mepe Ete, learned counsel, are present on behalf of Respondents No. 1, 2, 3 & 6; and respondent No. 4, respectively.

This contempt petition has been filed alleging violation of the judgment, dated

22.11.2021, passed by the Court in WP(c)08(AP)2021, whereby the Court had passed Page No.# 3/4 the following directions: "(i). The final decision as regards the amount of land to be acquired be taken by the Director General of ITBP within a period of 2(two) months from the date of receipt of the certified copy of the order.

(ii) The decision that may be taken be communicated to the Deputy Commissioner, Shi Yomi District stating the precise amount and location of the land that the ITBP would like to acquire within a period of 15(fifteen) days from the date of arriving at the final decision by the Director General of ITBP.

(iii). The Deputy Commissioner, Shi Yomi District, where required, shall within a period of 1(one) month from the date of receipt of the communication from the Director General of the ITBP, make a fresh estimate of the amount of compensation that would be required to be paid and communicate the same to the Director General.

(iv). The Director General upon receiving the further estimate from the Deputy Commissioner, Shi Yomi District shall do the needful to obtain the approval and sanction of the estimated amount from the appropriate authorities in the Government of India, preferably within a period of 3(three) months from the date of receiving the communication from the Deputy Commissioner and upon the approval and sanction being obtained shall forthwith deposit the same in the given account of the Deputy Commissioner, Shi Yomi District.

(v). If the final decision to be taken by the Director General, ITBP would be that the entire amount of land acquired through the notification dated 09.07.2019 would be required and the required land would neither be less nor more than what was acquired through the notification dated

09.07.2019, the approval and sanction for the reestimated amount of Rs. 37,44,94,288.5/- (Rupees Thirty Seven Crore Fourty Four Lakh Ninety Four Thousand Two Hundred Eighty Eight) be obtained from the appropriate authorities in the Government of India preferably within a period of 3(three) months from arriving at such final decision and upon the approval and sanction being obtained shall forthwith deposit the same in the given account of the Deputy Commissioner, Shi Yomi District."

It has been submitted by Mr. Kato, learned counsel appearing on behalf of Respondents No. 1, 2, 3 & 6, that Respondent No. 6, Shri K. P. Singh, Commandant, 20th BN ITBP, 99/APO, Arunachal Pradesh, was transferred and in his place, one Shri Dharam Pal Singh Rawat, Commandant, 20th BN ITBP, 99/APO, Arunachal Pradesh, was posted, who, accordingly has filed an affidavit on 23.12.2022, stating that the judgment, dated 22.11.2021, passed by the Court in WP(c)08(AP)2021, have been complied with.

In view of the affidavit filed by Shri Dharam Pal Singh Rawat, Commandant, 20th BN ITBP, 99/APO, Arunachal Pradesh, on 23.12.2022; it has been stated in paragraphs No. 2 & 3, as under: Page No.# 4/4

"2. That the deponent begs to state that, accordingly, in compliance of aforesaid directions of this Hon'ble Court, the Deputy Commissioner, Shi-Yomi District, the assessment of the land compensation was carried out to the tune of Rs. 2,61,03,150/- against land measuring 60,705 Sqrmts at Monigong, Rs. 1,74,02,100/- against land measuring 40,470 Sqrmtrs at Tadadege and Rs. 64,50,000/- against land measuring 24,000 Sqrmtrs at Hankar BOP Camp Area. Thereafter, aforesaid Land Compnesation estimated, was forwarded to the applicant, vide Letter No. SHY/LM-38/ITBP/2020(Pt-I)/683, dated

23.05.2022 and Letter vide No. SHY/LM-38/ITBP/2020/851, dated 14.10.2022.

¶3That the deponent begs to state that, accordingly, it was processed for approval, sanction and released of the aforesaid land compensation by the Ministry of Home Affairs, Government of India and after obtaining approval and sanctioned, the aforesaid land compensation amount, in respect of aforesaid land, the applicant deposited Rs. 64,50,000/-, Rs. 2,61,03,150/- and Rs. 1,74,02,100/- in the Bank Account of the Deputy Commissioner, Shi Yomi District, on 15.11.2022 and 17.11.2022, which has been duly acknowledged by the Deputy Commissioner, Shi-Yomi District, vide his Letter dated

30.11.2022. Hence, the Judgment and Order of this Hon'ble Court, passed in Writ Petition (C) No.08/2021 filed by Shri Tashi Pujen & Anr-vrs-Union of India & 7 Ors, on dated 22.11.2021, has duly been complied."

In view of the above, this contempt petition stands closed and disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040012522022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Cont.Cas(C) 34/2022 1:Tashi Pujen and Anr. S/o Late Tabin Pujen Resident of Village Monigong PO and PS Aalo District Shi Yumi Arunachal Pradesh. 2: Tagam Jenpen S/o Late Tapor Jenpen Resident of Village Monigong PO and PS Aalo District Shi Yumi Arunachal Pradesh. VERSUS 1:Ajay Kumar Bhalla and 5 Ors. IAS the Secretary Ministry of Home Affairs Govt. of India North Block New Delhi 110001 2:Sujoy Lal Thaosen IPS The Director General Indo Tibetan Border Police Block 02 CGO Comple Page No.# 2/4 Lodhi Road New Delhi 3 3:Shyam Mehrota IPS The Inspector General ITBP North Eastern Frontier AP Old Secretariat Building Contt Area G.S Road Shillong 1 Meghalaya. 4:Pankaj Jha The Secretary Land Management Govt. of Arunachal Pradesh Itanagar 791111 5:Mitho Dirchi The Deputy Commissioner District Shi Yomi Tato Arunachal Pradesh. 6:K.P Singh The Commandant 20th BN ITBP 99/APO Arunachal Pradesh. Advocate for the Petitioner : S K Deori Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA