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2023 DAILYLAW 1841 (GAU)

Shri Lijum Ado and 49 Ors. v. THE UNION OF INDIA and 5 Ors.

WP(C)/442/2023 · 2026-08-04

N Unni Krishnan Nair

Writ Petition (Civil)body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/12 GAHC040012262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/442/2023 Shri Lijum Ado and 49 Ors. S/o Shri Horli Ado, Village-Rigo, Aalo, West Siang, A.P. M. 9402861684 2: Shri Gumpe Ete Age: Occupation : S/o Lt. Margum Ete Vill- Darka Aalo West Siang 3: Shri Hokto Padu Age: Occupation : S/o Lt. T. Padu Vill- Darka Aalo West Siang 4: Shri Gebin Padu Age: Occupation : S/o Lt. Kige Padu Vill- Darka Aalo West Siang 5: Smti Topi Padu Age: Occupation : S/o Lt. Geba Padu Vill- Darka Aalo West Siang Page No.# 2/12 6: Shri Minge Padu Age: Occupation : S/o Lt. Tummin Padu Vill- Darka Aalo West Siang 7: Shri Tumge Padu Age: Occupation : S/o Lt. Shri Daktom Padu Vill- Darka Aalo West Siang 8: Shri Pedam Ete Age: Occupation : S/o Lt. Marpe Ete Vill- Darka Aalo West Siang 9: Shri Gekar Ete Age: Occupation : S/o Shri Gumge Ete Vill- Darka Aalo West Siang 10: Shri Karto Doji Age: Occupation : S/o Shri Hikar Doji Vill- Darka Aalo West Siang 11: Shri Lijum Ete Age: Occupation : S/o Lt. Marli Ete Vill- Darka Aalo West Siang Page No.# 3/12 12: Shri Gemin Ete Age: Occupation : S/o Lt. Marge Ete Vill- Darka Aalo West Siang 13: Shri Lito Ete Age: Occupation : S/o Lt. Marpe Ete Vill- Darka Aalo West Siang 14: Shri Ligum Ete Age: Occupation : S/o Lt. Geli Ete Vill- Darka Aalo West Siang 15: Shri Bomjo Ado Age: Occupation : S/o Lt. Gebom Ado Vill- Darka Aalo West Siang 16: Mari Ete Age: Occupation : S/o Lt. Hogmar Ete Vill- Darka Aalo West Siang 17: Shri Pojom Padu Age: Occupation : S/o Lt. Nyopo Padu Vill- Darka Aalo West Siang Page No.# 4/12 18: Shri Ketum Padu Age: Occupation : S/o Shri Kike Padu Vill- Darka Aalo West Siang 19: Jomgum Padu Age: Occupation : S/o Lt. Pojom Padu Vill- Darka Aalo West Siang 20: Shri Bomi Padu Age: Occupation : S/o Lt. Jombam Padu Vill- Darka Aalo West Siang 21: Roka Padu Age: Occupation : S/o Lt. Bero Padu Vill- Darka Aalo West Siang 22: Shri Gedo Ete Age: Occupation : S/o Lt. Gumge Ete Vill- RK Mission Aalo West Siang 23: Shri Tomi Ete Age: Occupation : S/o Lt. Gomto Ete Vill- Darka Aalo West Siang Page No.# 5/12 24: Shri Mito Ete Age: Occupation : S/o Lt. Marmi Ete Vill- Darka Aalo West Siang 25: Shri Minto Ete Age: Occupation : S/o Shri Kirmin Ete Vill- Darka Aalo West Siang 26: Shri Gakar Ete Age: Occupation : Vill- Darka Aalo West Siang 27: Shri Toyom Ori Age: Occupation : S/o Lt. Ito Ori Vill- Darka Aalo West Siang 28: Shri Peli Ete Age: Occupation : S/o Lt. Peli Ete Vill- Darka Aalo West Siang 29: Shri Pekir Ete Age: Occupation : S/o Lt. Jompe Ete Vill- Darka Aalo West Siang Page No.# 6/12 30: Shri Dugam kamduk Age: Occupation : S/o Shri Medo Kamduk Vill- Darka Aalo West Siang 31: Durick Kamduk Age: Occupation : S/o Mido Kamduk Vill- Darka Aalo West Siang 32: Shri Kirmar Padu Age: Occupation : S/o Lt. Tummin Padu Vill- Darka Aalo West Siang 33: Shri Raken Padu Age: Occupation : S/o Lt. Binra Padu Vill- Darka Aalo West Siang 34: Shri Bomli Ado Age: Occupation : S/o Lt. Gebom Ado Vill- Darka Aalo West Siang 35: Shri Pogam Padu Age: Occupation : Vill- Darka Aalo West Siang 36: Shri Gammin Padu Page No.# 7/12 Age: Occupation : S/o Shri Pogam Padu Vill- Darka Aalo West Siang 37: Shri Liki Ete Age: Occupation : S/o Lt. Minli Ete Vill- Darka Aalo West Siang 38: Shri Peli Ado Age: Occupation : S/o Dape Ado Vill- Darka Aalo West Siang 39: Shri Gepin Ete Age: Occupation : S/o Gumge Ete Vill- Darka Aalo West Siang 40: Shri Dumar Ete Age: Occupation : S/o Jumd Ete Vill- Darka Aalo West Siang 41: Shri Sokto Gumlin Age: Occupation : Vill- Darka Aalo West Siang 42: Jomya Ete Age: Page No.# 8/12 Occupation : S/o Pajom Ete Vill- Darka Aalo West Siang 43: Smti Gobi Ado Age: Occupation : Vill- Darka Aalo West Siang 44: Shri Kage Ado Age: Occupation : Vill- Darka Aalo West Siang 45: Goter Ninu Age: Occupation : Vill- Darka Aalo West Siang 46: Shri Gegum Ete Age: Occupation : S/o Lt. Goge Ete Vill- Darka Aalo West Siang 47: Shri Gomin Ete Age: Occupation : S/o Shri Kago Ete Vill- Darka Aalo West Siang 48: Shri Bage Ete Age: Occupation : S/o Shri Gumba Ete Vill- Darka Page No.# 9/12 Aalo West Siang 49: Smty Kirbom Ete Age: Occupation : W/o Shri Toni Ete Vill- Darka Aalo West Siang 50: Shri Jumge Ete Age: Occupation : S/o Lt. Gijum Ete Vill- Darka Aalo West Siang 51: The Chief Engineer Age: Occupation : Highway (Western Zone) Government of AP Itanagar VERSUS THE UNION OF INDIA and 5 Ors. represented by the Secretary to the Government of India, Ministry of Road Transport and Highways, Transport Bhawan, 1, Parliament Street, New Delhi-110001 2:The Regional Office Age: 0 Occupation : Ministry of Road Transport and HIghways Government of India Itanagar First Floor Campus of CEAP (WZ) Mowb-II Itanagar-791111 3:The State of Arunachal Pradesh Age: 0 Occupation : represented by the Chief Secretary to the Government of Arunachal Pradesh Itanagar-791111 Page No.# 10/12 4:The Secretary Age: 0 Occupation : Land Management Department Government of Arunachal Pradesh Itanagar. 5:The Chief Commissioner Age: 0 Occupation : Highway (Western Zone) Government of AP Itanagar. 6:The Deputy Commissioner Age: 0 Occupation : Aalo West Siang Advocate for the Petitioner : Taja Garam, Gimi Tarak Advocate for the Respondent : Marto Kato, Radhe Millo,SC(Highway),GA (AP),DSGI BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 05.08.2026 Heard Mr. T. Garam, learned counsel for the petitioners. Also heard Ms. Y. Gao, learned counsel appearing on behalf of Mr. M. Kato, learned Deputy Solicitor General of India, for respondents No. 1 and 2; Mr. N. Ratan, learned Additional Advocate General, for the State respondents No. 3, 4 and 6; as well as Mr. R. Millo, learned Standing Counsel, for respondent No. 5. 2. The petitioners, in the present writ petition, have assailed the notification dated 07.06.2014, issued by the Secretary (Land Management), Government of Arunachal Pradesh, for acquiring the land of the petitioners for construction of Page No.# 11/12 the Trans-Arunachal Highway in West Siang District, Arunachal Pradesh under the provisions of the Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 (in short, Regulation, 1947), instead of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 (hereinafter referred to as the Act of 2013. 3. The petitioners have also assailed the bills prepared for awarding compensation to them. The petitioners, in the present writ petition, has contended that they have already received the compensation as determined by the respondent authorities at the relevant point of time and, accordingly, have prayed for a revision of the said compensation amount by computing the compensation under the provisions of the said Act of 2013 and by paying the petitioners solatium and interest. 4. Mr. N. Ratan, learned Addl. A.G., has submitted that the claim made by the petitioners in the present writ petition would not be maintainable in view of the decision of the Hon'ble Supreme Court in the case of State of Arunachal Pradesh & Anr. Vs. Mihin Laling & Ors., reported in 2026 (3) GLT SC 43 (2025 INSC 1186). 5. The learned counsel for the petitioners has fairly submitted that, in view of the said decision of the Hon'ble Supreme Court, the claims made by the petitioners in the present writ petition may not be sustainable. 6. I have heard the learned counsel for the parties and perused the materials available on record. 7. The Hon'ble Supreme Court, in its decision in the case of Mihin Laling (supra), with regard to the claim for compensation which had already been determined, accepted and disbursed, has drawn the following conclusion: Page No.# 12/12 “...28. In respect of concluded acquisitions where compensation has been finally determined, accepted and disbursed, no reopening shall be permissible. The impugned judgment of the High Court is therefore set aside, to that extent. However, in all matters which remain pending either before the competent authority or before a Court/Tribunal, the compensation shall be recomputed to include solatium and interest as above.” 8. The petitioners, in the present writ petition, having already accepted the compensation determined in the case, the matter is found by this Court to have attained its finality and, accordingly, in view of the decision of the Hon'ble Supreme Court, noticed hereinabove, reopening of the same would not be permissible. 9. Accordingly, in view of the above discussions, the present writ petition is found to be devoid of any merit and, accordingly, the same stands dismissed. However, there would be no order as to costs. JUDGE Comparing Assistant