The Executive Engineer v. Tajom Taggu and 15 Ors

Page No.# 1/9 GAHC040013252023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/159/2023 the Executive Engineer Department of Hydro Power Pangin, Siang District, Arunachal Pradesh.

VERSUS Tajom Taggu and 15 Ors. S/o Late Tamiyo Taggu, R/o Riga Village, PO Riga, PS Boleng, Siang District, Arunachal Pradesh. 2:Tamen Tatin Age: 0

3:Taleng Mize Age: 0

4:Tagom Tapak Age: 0

5:Takut Tatak Age: 0

Page No.# 2/9 6:Talang Tamut Age: 0

7:Tagong Taggu Age: 0

8:Tamek Tatin Age: 0

9:Tamit Mize Age: 0

10:Tapir Tatin Age: 0

11:Tagong Tatak Age: 0

12:Tarik Taggu Age: 0

13:Tamin Tamut Age: 0

14:Tapu Taboh Age: 0 Page No.# 3/9

15:Tangir Taggu Age: 0

16:Tapun Mize Age: 0 Occupation Advocate for the Petitioner : I Riram Advocate for the Respondent : Juel Saroh Linked Case : WP(C)/284/2023 Tajom Taggu and 15 Ors. Age: 54 Address:S/o Late Tamiyo Taggu

R/o Riga Village PO Riga/ PS Boleng Mobile No. 9383035853 2: Tamen Tatin Age: 58 Address:S/o Late Talem Tatin

R/o Riga Village PO Riga PS Boleng Mobile No. 8974947736 Page No.# 4/9 3: Taleng Mize Age: 56 Address:S/o Late Taying Mize

R/o Riga Village PO Riga/PS Boleng Mobile No. 8131871872 4: Tagom Tapak Age: 75 Address:S/o Late Tamur Tapak R/o Riga PS Boleng Mobile No. 8638742628 5: Takut Tatak Age: 30 Address:S/o Shri Tagum Tatak R/o Riga Village PO Riga PS Boleng Mobile No. 8974947767 6: Talang Tamut Age: 68 Address:S/o Late Tapum Tamut R/o Riga Village PO Riga PS Boleng Mobile No. 9436229355 7: Tagong Taggu Age: 46 Address:S/o Late Taping Taggu R/o Riga Village Page No.# 5/9 PO Riga PS Boleng Mobile No. 9436638841 8: Tamek Tatin Age: 48 Address:S/o Shri Takot Tatin R/o Riga Village PO Riga PS Boleng Mobile No. 9862980569 9: Tamit Mize Age: 50 Address:S/o Tabin Mize R/o Riga Village PO Riga PS Boleng Mobile No. 8794772672 10: Tapir Tatin Age: 65 Address:S/o Late Taram Tatin R/o Riga Village PO Riga PS Boleng Mobile No. 9356235678 11: Tagong Tatak Age: 52 Address:S/o Late Tabong Tatak R/o Riga Village PO Riga PS Boleng Mobile No. 6902486921 12: Tarik Taggu Age: 32 Page No.# 6/9 Address:S/o Shri Tajom Taggu R/o Riga Village PO Riga PS Boleng Mobile No. 6909769619 13: Tamin Tamut Age: 30 Address:S/o Late Talom Tamut R/o Riga Village PO Riga PS Boleng Mobile No. 8974951894 14: Tapu Taboh Age: 35 Address:S/o Shri Tangak Taboh R/o Riga Village PO Riga PS Boleng Mobile No. 9862989069 15: Tangir Taggu Age: 63 Address:S/o Tanyuk Taggu R/o Riga Village PO Riga PS Boleng Mobile No. 9560518511 16: Tapun Mize Age: 65 Address:S/o Late Tasik Mize R/o Riga Village PO Riga PS Boleng Mobile No. 7085471980 Page No.# 7/9 VERSUS THE STATE OF AP and 5 Ors. Age: 0 Address:Represented by the Secretary (Hydro Power Department) Govt. of Arunachal Pradesh Itanagar. 2:the Chief Engineer Age: 0 Address:Department of Hydro Power Govt. of Arunachal Pradesh Itanagar. 3:the Superintendent Engineer Age: 0 Address:Department of Hydro Power Pasighat East Siang District 4:The Executive Engineer Age: 0 Address:Department of Hydro Power Pangin 5:the Deputy Commissioner Age: 0 Address:Boleng Govt. of Arunachal Pradesh. 6:the Extra Assistant Commissioner Age: 0 Address:Siang District Riga ------------ Advocate for : Nalo Pada Advocate for : GA (AP) appearing for THE STATE OF AP and 5 Ors.: Advocate , Page No.# 8/9

-BEFORE-HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI

22.01.2024 Heard Shri N. Ratan, learned Addl. Advocate General for the applicant who by means of this Interlocutory Application has sought for modification/ vacation/ alteration of the impugned order, dated 23.06.2023. By the aforesaid order passed in the connected WP (C) 284 (AP) 2023, while issuing notice, this Court had passed a direction that the operation of the impugned order, dated 09.03.2023 would remain stayed and no further works is to be executed in the aforesaid land till the next date of listing. It may be mentioned that by the impugned order, dated 09.03.2023, earth cutting was done for the purpose of construction of small Hydro Power Project in the aforesaid land in the Siang District of Arunachal Pradesh. The learned State counsel has submitted that the opposite party/writ petitioners have not been able to demonstrate to show the ownership of the land in question. That apart, he submits that way back in the year, 2017, a public meeting was held in the locality and taking into consideration the situation of acute power shortage and road connectivity, the public in general has consented to such construction which is absolutely in the public interest. It is further submitted that even after the interim order, a Kebang was Page No.# 9/9 held, in which it was reconfirmed that 5 (five) of the petitioners do not have any interest in connection with the land. Though, public interest is intrinsically connected with the project, this Court is also of the opinion that without following the due process of law regarding acquisition of land, a project cannot be initiated. At the same time, at the instance of few persons who are not connected with the land, such a project also cannot be halted. In view of the above, this Court is of the view that equity would be balanced if the interim order dated 23.06.2023 is modified to the following extent. The embargo put by the aforesaid order of staying the impugned order dated 09.03.2023 is hereby removed. It is however made clear that all the lawful owner/ processors of the land in question are required to be duly compensated in accordance with the law. Interlocutory Application stands disposed of.

JUDGE Comparing Assistant