Page No.# 1/7 GAHC040009922023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/343/2023 Albert Mra S/o Late Nyamin Mra, Resident of Tama Chung Chung PO Limeking, Upper Subansiri District. (AP) Contact No. 9436054249 VERSUS the Union of India and 4 Ors. MInistry of Home Affairs, Represented by the Home Secretary, North Block, New Delhi 110001 2:the DG (ITBP) Age: 0 Occupation : Block No. 2 CGO Complex Lodhi Road New Delhi 110003 3:the IG Age: 0 Occupation : ITBP North East Frontier Itanagar Arunachal Pradesh 791110 4:THE STATE OF AP Age: 0 Occupation : Represented by the Secretary (Land Management) Govt. of Arunachal Pradesh 791110 5:the Deputy Commissioner Page No.# 2/7 Age: 0 Occupation : Upper Subansiri District Daporijo AP 79112 Advocate for the Petitioner : Subu Koyang, Ugin Puri,Tabit Tapak Advocate for the Respondent : GA (AP), Elina Perme,DSGI,Marto Kato BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 18.03.2026 Heard Mr. S. Koyang, learned counsel for the petitioner; Mr. M. Kato, learned Deputy Solicitor General of India for the respondent Nos. 1, 2 & 3; and Ms. G. Ete, learned Additional Senior Government Advocate for the respondent Nos. 4 & 5. Prayers:- 2. Extra ordinary jurisdiction of this Court, under Article 226 of the Constitution of India, is being sought to be invoked by the petitioner for issuing direction to the respondent authorities for payment of compensation for acquiring of his private land and interest on the compensation amount from the date of taking possession of the land, amounting Rs. 16,97,74,490/-. Alternatively, it is also prayed for issuing direction the respondent authorities to vacate the said land after payment of lease rent for 18 years amounting Rs. 13,62,17,172.96/-. Background facts:- 3. The background facts, leading to filing of this petition, are briefly stated as under:- Page No.# 3/7 “The petitioner has a plot of land, at Tama Chung Chung (TCC hereinafter) village, under Limeking Circle of Upper Subansiri District, Arunachal Pradesh and the said plot of land is inherited from his father and in the year 1968, the Assam Rifle had illegally occupied the same, in spite of the protest of his father. The said land was neither acquisitioned as provided under the law nor compensation was paid for use of the same. Thereafter, in the year 2004, the land of the petitioner was taken over by the 10th Battalion, Indo Tibetan Border Police (ITBP hereinafter) from the Assam Rifle, without the knowledge of the petitioner. The total area of land illegally occupied by the Assam Rifle, which was taken over by the 10th Battalion ITBP, is 187 acres. The ITBP also illegally occupied the land of the petitioner without acquisitioning the same as provided under the law. And having realized their illegal occupation, the Commandant of 10th Battalion ITBP had written a letter to the Deputy Commissioner, Upper Subansiri District, Daporijo, vide No. ITBP/10th BN/Engr/TCC Land/2019/560, dated 30.07.2019, stating that the private land of the petitioner is needed for them and also expressed desire to acquisition the same for TCC post. Thereafter, on 09.05.2019, the petitioner had given No Objection Certificate for an area of land measuring 19.76569 acres, curving out from his private land measuring an area 187 acres, on the condition that the land will be handed over to the ITBP after receiving compensation as per approved rate of the Government. Thereafter, the Ministry of Home Affairs, Government of India, accorded sanction of Rs. 4,86,02,987/- for acquisition of private land of Page No.# 4/7 the petitioner, for an area of 19.76569 acres, vide letter dated 08.07.2021. But, the compensation amount has not yet been paid to the petitioner” Being aggrieved, he has approached this Court by filing the present petition seeking the reliefs as stated above. Submissions:- 3. Mr. Koyang, learned counsel for the petitioner submits that despite the land being measured and the amount of compensation being sanctioned, the same has not been paid to the petitioner, for which, he has been running from pillar to post. Mr. Koyang also submits that the petitioner had also visited Delhi on several occasions, in order to get his compensation amount, which was approved in his favour. But, all his efforts failed to yield any result. 3.1. Mr. Koyang further submits that the prayer of the petitioner is that either the respondents have to pay the compensation amount or to vacate the land after payment of the rent w.e.f. date of taking over possession of the same by the ITBP from the Assam Rifle and that the amount of compensation, which the petitioner is being legally entitle to, is illegally withheld by the respondent authorities, for which, the petitioner has been suffering a lot. Under such circumstances, Mr. Koyang has contended to allow this writ petition. 4. Per-contra, Mr. Kato, learned Deputy Solicitor General of India, for the respondent Nos. 1, 2 & 3, referring to the affidavit-in-opposition filed by the respondent Nos. 1, 2 & 3 submits that the Ministry of Home Affairs, under which the ITBP has been working, has taken a decision that only 4 acres of land of the petitioner will be required for establishing a Border Outpost at TCC village and rest of the land is not required. 4.1. Mr. Kato further submits that the respondent Nos. 1, 2 & 3 are ready to Page No.# 5/7 make payment of the compensation for 4 acres of land of the petitioner, as they will acquire 4 acres of land after due process of law and as such, Mr. Kato submits that this writ petition may accordingly be disposed of, in view of the letter dated 14.06.2023, which is annexed with the affidavit-in-opposition, as Annexure No. 25. 5. On the other hand, Ms. Ete, learned Additional Senior Government Advocate for the respondent Nos. 4 & 5, submits that on receipt of the letter from the Commandant of 10th Battalion ITBP, the Deputy Commissioner, Upper Subansiri District, Daporijo, has issued process for acquisitioning the land of the petitioner and accordingly, officials from the Land Department was deputed, who have later geo tagged the occupied land of the 10th Battalion ITBP, in presence of the land owner and official from acquiring agency and found it to be an area of 19.76569 acres and thereafter, cost sheet was prepared and submitted to the acquiring agency. 5.1. Ms. Ete further submits that the Deputy Commissioner, Upper Subansiri District, Daporijo, had forwarded a fresh draft preliminary Notification, dated 29.06.2022, along with the cost estimate for acquisitioning of private land, to the acquiring agency through the Director of Land Management, Government of Arunachal Pradesh. However, vide letter dated 06.10.2022, the acquiring agency, through 10th Battalion ITBP had communicated with the Ministry of Home Affairs, Government of India and authorized to acquire only 4 acres of land, instead of 19.76569 acres of land, for establishment of Border Outpost at TCC village. 5.2. Ms. Ete also submits that, thereafter, vide letter dated 07.03.2023, the Secretary of Land Management, Government of Arunachal Pradesh, had Page No.# 6/7 requested the Deputy Commissioner, Upper Subansiri District, Daporijo, to re- survey the land, measuring 4 acres, on the basis of letter received from the Ministry of Home Affairs, Government of India. The matter was under process and in the mean time, the present writ petition has been preferred. 5.3. Ms. Ete further submits that this writ petition may be disposed of by directing the Deputy Commissioner to re-survey the land of the petitioner, measuring 4 acres, on the basis of the letter received from the Ministry of Home Affairs, Government of India and to assess the compensation and thereafter, to pay the same in favour of the petitioner herein. 6. Mr. Koyang, learned counsel for the petitioner, in his reply, however, submits that the petitioner is not agreeable to giving only 4 acres of land out of 19.76569 acres. However, he submits that if an order is being passed by this Court directing the respondent authorities to re-survey the land, measuring an area of 4 acres, on the basis of the letter of the Ministry of Home Affairs, Government of India and also on the basis of the Annexure No. 25 of the affidavit-in-opposition filed by the respondent Nos. 1, 2 & 3, and to assess the compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR Act hereinafter), 2013, then he will accept the same. Further, Mr. Koyang submits that the respondents may be directed to complete the entire process in a time bound manner. Consideration and Direction of this Court:- 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record. 7. Accordingly, taking note of the letter dated 14.06.2023, Annexure No. 25, at Page No.# 7/7 page No. 42 of the affidavit of the respondent Nos. 1, 2 & 3 and also taking note of the submissions of learned counsel for both the parties and as agreed upon, this Court is inclined to dispose of this petition by directing the Deputy Commissioner, Upper Subansiri District, Daporijo, to re-survey the land, measuring an area of 4 acres, belonged to the petitioner herein, on the basis of the letter received from the Ministry of Home Affairs, Government of India and also in view of the letter of the Secretary of Land Management, Government of Arunachal Pradesh, dated 07.03.2023 and also in view of the letter of the Director of Land Management, Government of Arunachal Pradesh, dated 14.06.2023. 7.1. It is also provided that the Deputy Commissioner, Upper Subansiri District, Daporijo, to assess the compensation, as per the provisions of the LARR Act, 2013 and thereafter, to pay the same to the petitioner. 8. Further, it is provided that after completion of the survey of 4 acres of land out of 19.76569 acres of land and after payment of the compensation to the petitioner, the rest of the land of the petitioner, which is presently under the occupation of the ITBP, since acquiring the possession of the same from the Assam Rifle in the year 2004, shall be hand over to the petitioner along with the lease rent, which the petitioner is entitled to. 8. Let the aforementioned exercise be carried out within a period of 3 (three) months from the date of receipt of the certified copy of this order. 9. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities, within a period of 2 (two) weeks from today. JUDGE Comparing Assistant