Page No.# 1/11 GAHC040007992024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/249/2024 Behenso Pul and 28 Ors Son of Late Allokthak Pul, permanent resident of Changung Village, PO and PS Hawai, Anjaw District, Arunachal Pradesh 2: Rahul Tulang Age: Occupation : Son of Shri Tochanglum Tulang permanent resident of Sarti Village PO and PS Walong Anjaw District Arunachal Pradesh 3: Dechem Tulang Age: Occupation : Son of Late T Tulang permanent resident of Sarti Village PO and PS Walong Anjaw District Arunachal Pradesh 4: Billu Tulang Age: Occupation : Son of Sotilum Tulang permanent resident of Sarti Village PO and PS Walong Anjaw District Arunachal Pradesh 5: Vinod Tulang Age: Occupation : Son of Shri M Tulang Page No.# 2/11 permanent resident of Sarti Village PO and PS Walong Anjaw District Arunachal Pradesh 6: Bagang Tulang Age: Occupation : Son of Shri Lekham Tulang permanent resident of Sarti Village PO and PS Walong Anjaw District Arunachal Pradesh 7: Solum Tulang Age: Occupation : Son of Shri N Tulang permanent resident of Sarti Village PO and PS Walong Anjaw District Arunachal Pradesh 8: Pilutso Pul Age: Occupation : Son of Late K Pul permanent resident of Changung Village PO and PS Hawai Anjaw District Arunachal Pradesh 9: Nemoso Pul Age: Occupation : permanent resident of Changung Village PO and PS Hawai Anjaw District Arunachal Pradesh 10: Sosek Kri Age: Occupation : Son of Late P Kri permanent resident of Pangung Village PO and PS Hayuliang Anjaw District Arunachal Pradesh Page No.# 3/11 11: Bomsyanso Kri Age: Occupation : Son of Late M Kri permanent resident of Pangung Village PO and PS Hayuliang Anjaw District Arunachal Pradesh 12: Arono Kri Age: Occupation : Son of Late T Kri permanent resident of Pangung Village PO and PS Hayuliang Anjaw District Arunachal Pradesh 13: Sokhe Kri Age: Occupation : Son of Late B Kri permanent resident of Pangung Village PO and PS Hayuliang Anjaw District Arunachal Pradesh 14: Apro Pul Age: Occupation : Son of Late T Pul permanent resident of Walla Village PO and PS Hawai Anjaw District Arunachal Pradesh 15: Ediso Pul Age: Occupation : Son of Late J Pul permanent resident of Walla Village PO and PS Hawai Anjaw District Arunachal Pradesh 16: Ssony Pul Age: Page No.# 4/11 Occupation : Son of Late W Pul permanent resident of Walla Village PO and PS Hawai Anjaw District Arunachal Pradesh 17: Sonam Pul Age: Occupation : Son of Late T Pul permanent resident of Walla Village PO and PS Hawai Anjaw District Arunachal Pradesh 18: Kariso Pul Age: Occupation : Son of Shri Sopam Pul permanent resident of Walla Village PO and PS Hawai Anjaw District Arunachal Pradesh 19: Halaiso Pul Age: Occupation : Son of Late H Pul permanent resident of Walla Village PO and PS Hawai Anjaw District Arunachal Pradesh 20: Joten Manyu Age: Occupation : Son of Late S Manyu permanent resident of Samdul Village PO and PS Hawai Anjaw District Arunachal Pradesh 21: Lotoso Pul Age: Occupation : Son of Late K Pul permanent resident of Walla Village Page No.# 5/11 PO and PS Hawai Anjaw District Arunachal Pradesh 22: Sangalum Pul Age: Occupation : Son of Late M Pul permanent resident of Walla Village PO and PS Hawai Anjaw District Arunachal Pradesh 23: Lasum Pul Age: Occupation : Son of Late K Pul permanent resident of Walla Village PO and PS Hawai Anjaw District Arunachal Pradesh 24: Bawiso Chaitom Age: Occupation : Son of Late S Chaitom permanent resident of Sung Village PO and PS Hawai Anjaw District Arunachal Pradesh 25: Adio Lap Age: Occupation : Son of M Lap permanent resident of Kamlat Village PO and PS Hawai Anjaw District Arunachal Pradesh 26: Smti Bikromlu Pul Age: Occupation : Daughter of Late Lugre Pul permanent resident of Kamdi Village PO and PS Hawai Anjaw District Arunachal Pradesh Page No.# 6/11 27: Bakhroso Pul Age: Occupation : Son of S Pul permanent resident of Changung Village PO and PS Hawai Anjaw District Arunachal Pradesh 28: Frobenso Mepong Age: Occupation : Son of Late K Mepong permanent resident of Changung Village PO and PS Hawai Anjaw District Arunachal Pradesh 29: Aketso Pul Age: Occupation : Son of S Pul permanent resident of Changung Village PO and PS Hawai Anjaw District Arunachal Prades VERSUS The Land Acquisition Collector/ Deputy Commissioner and Anr Hawai, PO and PS Hawai, Anjaw District, Arunachal Pradesh 2:The Secretary Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanaga Advocate for the Petitioner : Rintu Saikia, Hongmo Ete,Idak Bam,Bomchi Taipodia,Limi Bam,Ligam Nochi Advocate for the Respondent : GA (AP), DSGI,Marto Kato Page No.# 7/11 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 07.04.2026 29 (twenty nine) nos. of petitioners have joined together in this petition instituted under Article 226 of the Constitution of India, seeking the following reliefs: I. A writ of mandamus or certiorari and/or any other appropriate writ or direction, shall not be issued to quash and set aside Impugned illegal and arbitrary notification No.LM-212/ACO/2021 dated 27.04.2021 issued under section 10 of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation 1947 (hereinafter referred as to Jhum Land Regulation 1947) for acquisition of land for the proposed widening/improvement of existing road to NHDL specification of road in respect of Hayuliang-Changwinti between 45.05 Km to 50.820 Km and Changwinti-Walong-Namti from 00.00 Km to 54.450 Km under Anjaw district, Arunachal Pradesh. II. A writ of mandamus or certiorari and/or any other appropriate writ or direction, shall not be issued to quash and set aside impugned illegal and arbitrary award dated 15.03.2021 approved on 05.07.2021 whereby land value has been assessed at the rate of Rs.11/- (Rupees Eleven) only per square meter which is very obsolete and not as per market value of land. III. A writ of mandamus or certiorari and/or any other appropriate writ or direction, shall not be issued for a direction to the respondent particularly authority more Land Acquisition Collector/ Deputy Commissioner, Hawai, Anjaw district to initiate land acquisition proceeding afresh under the provisions of RFCT & LARR Act, 2013 and to carry out afresh and proper physical assessment survey and of movable and immobile properties in Page No.# 8/11 respect of proposed widening/ improvement of existing road to NHDL specification of road in respect of Hayuliang-Changwinti between 45.05 Km to 50.820 Km and Changwinti-Walong-Namti from 00.00 Km to 54.450 Km under Anjaw district, Arunachal Pradesh. IV. A writ of mandamus or certiorari and/or any other appropriate writ or direction, shall not be issued for a direction to respondent authority more particularly Land Acquisition Collector/ Deputy Commissioner, Hawai, Anjaw district to alternatively assess the land value at current/prevailing market value of the land under the provision of RFCT & LARR Act, 2013. V. A writ of mandamus or certiorari and/or any other appropriate writ or direction, shall not be issued for a direction to the respondent authority after completion of fresh survey and assessment of moveable and immovable properties to pass an award under section 23 read with section 26, 27, 28, 29, 30 and Schedule-I of the RFCT & LARR Act, 2013. 2. As per the facts projected, the petitioners are permanent residents of the locality and were affected by the widening and improvement of the existing road to NHDL specification in respect of Hayuliang-Changwinti from 45.05 Km to 50.820 Km and Changwinti-Walong-Namti from 00.00 Km to 54.450 Km in Anjaw District. 3. The rate proposed at Rs. 11 per square metre was, however, opposed by the petitioners as it was absolutely meagre. The contention of the petitioners is that the applicable rates, as would appear from the relevant materials, were not taken into consideration, whereby the petitioners would be deprived of their legal entitlement. It is also contended by the petitioners that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Page No.# 9/11 Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013) have not been followed and the respondents have relied upon a notification of 2011, which would not have any relevancy. 4. I have heard Shri R. Saikia, learned counsel for the petitioners. I have also heard Shri N. Ratan, learned Additional Advocate General, Arunachal Pradesh as well as Shri M. Kato, learned Dy.S.G.I. for the Union of India. 5. Shri Saikia, learned counsel for the petitioners, has submitted that after the coming into force of the Act of 2013, it is incumbent upon the respondent authorities to pay compensation strictly in terms thereof, as the Act specifically lays down that even existing proceedings under the earlier Land Acquisition Act of 1894 have to be converted into proceedings under the Act of 2013. He has also submitted that the concerned Deputy Commissioner has not taken the relevant factors into consideration. He has further submitted that for acquisitions made in the adjoining areas, the rates are much higher, in the range of Rs. 250-260 per square metre. 6. Shri Ratan, learned Addl. A.G., has, however, fairly submitted that the reverification was not possible in view of the pendency of the case of State of Arunachal Pradesh & Anr. vs. Mihin Laling & Ors. before the Hon’ble Supreme Court. He has, however, informed that the said case has been disposed of by the Hon’ble Supreme Court on 16.09.2025. At this stage, Shri Saikia, learned counsel for the petitioners, has informed that an additional affidavit has been filed, wherein the judgment dated 16.09.2025, passed by the Hon’ble Supreme Court has also been enclosed. 7. Shri Ratan, learned Addl. A.G., has also submitted that under Section 26 of the Act of 2013, the Collector is required to determine the market value. Since Page No.# 10/11 no materials were available at that time, the State Government had relied upon a notification dated 26.11.2011. He has, however, not disputed that the land was acquired in the year 2020. He has also submitted that in terms of the judgment of the Hon’ble Supreme Court dated 16.09.2025, the State is willing to pay solatium and interest at the rate mentioned in the notification dated 26.11.2011. So far as the payment of interest and solatium is concerned, this Court is unable to accept the submission of the learned State Counsel insofar as it relates to the notification dated 26.11.2011, inasmuch as after the enactment of the Act of 2013, it is the provisions of the said Act which will govern the field. 8. Shri Kato, learned Dy. S.G.I., has endorsed the submissions of the learned State Counsel and has submitted that the compensation paid should not be an windfall and should be fair compensation as per the Act of 2013. 9. The rival submissions have been duly considered and the materials placed before this Court have been carefully examined. 10. The Hon’ble Supreme Court in the case of Mihin Laling (supra), vide judgment dated 16.09.2025, has clearly laid down that the provisions of the Act of 2013 should be applied for assessing fair compensation. In the said case, the aspect of payment of solatium and interest has also been highlighted. 11. Section 24 of the Act, more specifically the proviso to Sub section (2), would show that compensation, even if assessed as per the earlier Act and has not been deposited shall be converted to compensation as per the Act of 2013. The intention of the legislation of 2013 is to ensure that fair and proper compensation is paid to the land affected persons and that nobody is deprived of their due entitlement. There are various other aspects in the Act of 2013, including solatium and interest, which would also have to form part of the Page No.# 11/11 Award, including those mentioned in Schedule I of the Act. 12. The determination of the rate of Rs. 11 per square metre prima facie appears to be absolutely on the lower side and cannot be treated as fair compensation, more so when the materials on record suggest that for adjoining areas, higher rates have been determined. Be that as it may, this Court is of the opinion that the entire assessment has to be done afresh by taking into consideration all the relevant factors, including the rates applied for acquisition of land in the adjoining areas, provided such acquisitions have been made during the contemporaneous period. It is also needless to state that all other provisions of 2013 Act, which have been incorporated for the benefits of the land affected persons are to be taken into consideration while assessing and determining the rate to be paid to the land affected persons. 13. The writ petition accordingly stands allowed by remanding the matter to the concerned Deputy Commissioner, Anjaw, to make a reassessment in the manner indicated above. Such process shall be undertaken and completed expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order. 14. It is needless to add that the petitioners or any other aggrieved party would still have the liberty to approach the appropriate forum if they are aggrieved by the award, in accordance with law. 15. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant