Page No.# 1/15 GAHC040010182024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/327/2024 Ngwazosa Yobin and 49 Ors Son of Shri Ngwayeti Yobin, resident of Gandhigram Village, Vijaynagar, Changlang District, Arunachal Pradesh 2: Saphoyeh Yobin Age: Occupation : Son of Late Yosiha Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 3: Mithisa Yobin Age: Occupation : Son of Late Hwayesi Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 4: Smti Mayena Yobin Age: Occupation : Daughter of Late Chiache Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 5: Ngwayadwe Yobin Age: Occupation : Son of Shri Phuado Yobin Page No.# 2/15 resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 6: Aphu Yoha Yobin Age: Occupation : Son of Late Ati Measi Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 7: Smti Chimali Yobin Age: Occupation : Daughter of Late Aphu Measi Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 8: Wayethi Yobin Age: Occupation : Son of Late Luatsay Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 9: Sakusay Yobin Age: Occupation : Son of Shri Yeliwu Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 10: Jani Yobin Age: Occupation : Son of Shri Ati Yeliyeh Yobin resident of Gandhigram Village Vijaynagar Changlang District Page No.# 3/15 Arunachal Pradesh 11: Moladi Yobin Age: Occupation : Son of Late Duyohey Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 12: Yolisa Yobin Age: Occupation : Son of Late Wafuyeh Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 13: Zaliwu Yobin Age: Occupation : Son of Late Choanu Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 14: Smti Khumayeh Yobin Age: Occupation : Son of Late Yophadwe Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 15: Smti Bono Yobin Age: Occupation : Daughter of Shri Atsedwe Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 16: Yodi Yobin Page No.# 4/15 Age: Occupation : Son of Shri Yoso Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 17: Micheysay Yobin Age: Occupation : Son of shri Tseyesi Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 18: Smti Yochi Yobin Age: Occupation : Daughter of Shri Ngwayeti Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 19: Smti Chimayeh Yobin Age: Occupation : Daughter of Late Yophadwe Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 20: Ngwashosa Yobin Age: Occupation : Son of Shri Phusa Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 21: Phusa Yobin Age: Occupation : Son of Late Akhi Loacha Yobin Page No.# 5/15 resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 22: Yuthisa Yobin Age: Occupation : Son of Late Ati Juniya Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 23: Jamsa Yobin Age: Occupation : Son of Shri Sisasey Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 24: Sicheydwe Yobin Age: Occupation : Son of Late Yofunu Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 25: Smti Phiyohey Yobin Age: Occupation : Son of Akhi Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 26: Jeyphasay Yobin Age: Occupation : Son of Late Hophaka Yobin resident of Gandhigram Village Vijaynagar Changlang District Page No.# 6/15 Arunachal Pradesh 27: Yocheyeh Yobin Age: Occupation : Son of Late Yotey Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 28: Yocheyni Yobin Age: Occupation : Son of Late Atiloyi Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 29: Walis Yobin Age: Occupation : Son of Shri Ngwatsi Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 30: Aphuba Yobin Age: Occupation : Son of Shri Chameha Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 31: Nafuthali Yobin Age: Occupation : Son of Late Khiyoha Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 32: Ngwayoha Yobin Page No.# 7/15 Age: Occupation : Son of Late Yeso Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 33: Safuniyeh Yobin Age: Occupation : Son of Shri Yebicha Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 34: Ngwphodi Yobin Age: Occupation : Son of Shri Lisifa Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 35: Dayoli Yobin Age: Occupation : Son of Shri Phuyoha Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 36: Phuyoyeh Yobin Age: Occupation : Son of Shri Aphu Solo Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 37: Ngwasija Yobin Age: Occupation : Son of Shri Adusey Yobin Page No.# 8/15 resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 38: Smti Akhusanam Yobin Age: Occupation : Daughter of Shri Jephasey Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 39: Jaysee Yobin Age: Occupation : Son of Shri Jephasey Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 40: Asee Yobin Age: Occupation : Son of Shri Tseado Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 41: Tseado Yobin Age: Occupation : Son of Late Chiphahey Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 42: Yoawu Yobin Age: Occupation : Son of Shri Phiacha Yobin resident of Gandhigram Village Vijaynagar Changlang District Page No.# 9/15 Arunachal Pradesh 43: Tiyoyeh Yobin Age: Occupation : Son of Late Pholoyeh Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 44: Tseyosa Yobin Age: Occupation : Son of Late Wafuyeh Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 45: Disayeh Yobin Age: Occupation : Son of Shri Yogu Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 46: Sithenu Yobin Age: Occupation : Son of Late Chophaba Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 47: Smti Yomanu Yobin Age: Occupation : Daughter of Late Danili Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 48: Ngwazosay Yobin Page No.# 10/15 Age: Occupation : Son of Shri Aphu Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 49: Ngwayeti Yobin Age: Occupation : Son of Shri Khupajo Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Pradesh 50: Yositi Yobin Age: Occupation : Son of Nophaja Yobin resident of Gandhigram Village Vijaynagar Changlang District Arunachal Prades VERSUS The State of AP and 3 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar 791111 2:The Secretary Age: 0 Occupation : Land Management Department Govt of Arunachal Pradesh Itanagar 3:The Deputy Commissioner Age: 0 Occupation : Changlang District Changlang Arunachal Pradesh 792120 4:The Extra Assistant Commissioner Age: 0 Occupation : Vijaynagar Page No.# 11/15 Changlang District Arunachal Prades Advocate for the Petitioner : Nikita Danggen, Honi Tana Tara,K Chotton,Kaling Mibang,Penjom Siga,Oyina Perme,Tate Tatak Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 31-03-2026 Heard Shri T. Tatak, learned counsel for the petitioners. Also heard Shri R. H. Nabam, learned Additional Advocate General for the State of Arunachal Pradesh. 2. Considering the subject matter involved, pleadings having been completed and as agreed to by the learned counsel for the parties, the instant writ petition which has been pending since the year 2024 is taken up for disposal at the admission stage. 3. As per the facts projected, the petitioners are residents of Gandhigram Village in the Vijaynagar area of Changlang District and claim to be the owners of land which they had inherited from their ancestors. A notification was published by the Government of Arunachal Pradesh on 07.02.2004 under Section 11 read with Section 40 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013) for acquisition of land of 418.29 hectares at Kharasang-Miao-Vijoynagar area Page No.# 12/15 for “Construction of Kharasang-Miao-Vijoynagar Frontier Highway (0.000 KM to 156.095 KM)”. It is contended that the land of the petitioners are situated in the chainage 128.00 KM to 156 KM of the aforesaid Highway and would be affected by the construction of the same. It is further contended that while the petitioners were waiting for the land to be surveyed, so as to give them an opportunity to raised their claims, on 08.07.2024, a draft list of affected land owners was published which however, did not contain the names of the petitioners. It is the case of the petitioners that they being affected by the land acquisition proceedings, the denial of their entitlement of compensation and other benefits under the Act is wholly unreasonable, arbitrary and illegal. And accordingly, the writ petition was instituted. 4. Shri T. Tatak, learned counsel for the petitioners has informed this Court, at the outset, that after institution of the present writ petition, the names of the petitioners have been inducted in the list of affected persons. However, no compensation for land acquired has been made and only a meagre amount for the properties situated over the said land has been paid. He has submitted that the Act of 2013 envisages that fair compensation along with other benefits is to be paid which has not been done. 5. Shri Nabam, learned Additional Advocate General has fairly submitted that though an affidavit-in-opposition has been filed by the Deputy Commissioner on 05.11.2024, the contentious aspect of not receiving compensation for the land acquired has been specifically denied. In this connection, he has drawn the attention of this Court to the averments made in paragraphs- 4, 5, 6 and 7 of the said affidavit. He has submitted Page No.# 13/15 that if the lands of the petitioners have actually been acquired, he would not oppose to the claim to get a fair compensation. He has however, raised the apprehension that a verification exercise is required to be done as to whether the land has actually been acquired. 6. The rival contentions have been duly considered. 7. As noted above, the present claim is with regard to the compensation for land acquired. In the affidavit-in-opposition filed by the concerned Deputy Commissioner (Respondent No.3) on 05.11.2024, the averments made with regard to the aforesaid claim are required to be taken into consideration. The relevant averments made in the paragraphs-4, 5, 6 and 7 as made mentioned above read as follow:- “4. That with regards to the statement made in paragraph-3 of the writ petition, being the matter of records and the answering respondent begs to state that the notice under Section 11 (1) read with Section 40 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act' 2013 issued vide No. LMD-13011(11)/2/2024/C-165667/2024 dated 07/02/2024. 5. That with regards to the statement made in paragraph-4 of the writ petition, the answering respondent begs to state that prior to assessment survey of Kharsang-Miao-Vijaynagar Road (Frontier Highway), a circular vide No. C/LR/FH/23 dated 24/04/2024 was issued requesting all the villagers, village representatives, land owners of the affected areas to be present on 29/04/2024 at ADC's Office, Miao to attend the preliminary hearing. From Chainage 128.100 KM TO 156.095 KM falls under USF area. The names of the actual affected beneficiaries are already included in the draft list as per physical ground survey. Page No.# 14/15 6. That with regards to the statement made in paragraph-5 of the writ petition, the answering respondent begs to state that the public notice vide NO.C/LR/FH/23/39-48 dated 06/06/2024 was issued inviting claims and objections if any within 15 (fifteen) days from the date of issue of the notice. The said notice was already forwarded to ADC, Miao as well as EAC, Vijaynagar for wide publicity. Also, the petitioners did not appear in the date of public hearing before conducting of assessment survey which was held on 29/04/2024 at ADC's Office, Miao in pursuance to circular vide No. C/LR/FH/23 dated 24/04/2024. Moreover, sufficient time was given for submission of claims and objections if any vide public notice No. C/LR/FH/23/39-48 dated 06/06/2024. 7. That with regards to the statement made in paragraph-6 of the writ petition, the answering respondent begs to state that sufficient time was given for submission of claims and objections if any vide public notice NO. C/LR/FH/23/39-48 dated 06/06/2024. During the assessment survey, it is mandatory to include the names of affected beneficiaries whomsoever the land and assets are in possession. Yes, the draft list contains the names of Non-APST individuals for compensation of assets value only excluding the land value. However, the power to determine that the Non-APST individuals are eligible or not for any compensation for assets is in whole discretion of the Government. As such, Government shall decide whether the compensation for the assets only shall be payable or not to those Non-APST individuals.” 8. The reading of the same does not disclose that the compensation for the land acquired has been assessed or paid to the petitioners. The Act of 2013 is a comprehensive Act which has been enacted by taking into consideration the changes and development which has occurred since the earlier Act of 1894. The aspect that the names of the petitioners have been inducted in the list of affected persons would, prima facie, show that Page No.# 15/15 lands of the petitioners have indeed been acquired for the project mentioned above. The affidavit-in-opposition filed by the respondent No.3 also does not disclose that there has been any denial to the aforesaid aspect. 9. Considering the above and by balancing the equities, the matter is disposed of by directing the respondents, more particularly the respondent No.3 to make a comprehensive enquiry into the aspect of the land of the petitioners which has been acquired and after completion of the same, make payment of the appropriate compensation as mandated by the Act of 2013. 10. Let the aforesaid exercise be undertaken, and completed expeditiously and preferably within a period of 90(ninety) days from the date of receipt of certified copy of this order. 11. The writ petition stands disposed of. JUDGE Comparing Assistant