Page No.# 1/6 GAHC040003532025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/98/2025 Sunday Bagang and 11 Ors Son of Shri Samo Bagang, resident of Village Jayang Bagang, PO and PS Chayang Tajo, East Kameng District, Arunachal Pradesh. 2: Raja Bagang Age: Occupation : Son of Late Gungnia Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh. 3: Gyabe Bagang Age: Occupation : Son of Shri Kasung Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh. 4: Aman Bagang Age: Occupation : Son of Shri Tana Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh. 5: Tayo Bagang Age: Page No.# 2/6 Occupation : Son of Late Ropo Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh. 6: Lori Bagang Age: Occupation : Son of Shri Tayo Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh. 7: Aga Achung Bagang Age: Occupation : Son of Late Gungnia Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh. 8: Logo Bagang Age: Occupation : Son of Late Gungnia Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh. 9: Kamku Bagang Age: Occupation : Son of Late Lungpo Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh. 10: Atung Bagang Age: Occupation : Son of Shri Tayo Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo Page No.# 3/6 East Kameng District Arunachal Pradesh. 11: Kameng Bagang Age: Occupation : Son of Late Takap Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh. 12: Guruk Bagang Age: Occupation : Son of Shri Sipi Bagang resident of Village Jayang Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh VERSUS The State of AP and 4 Ors through the Secretary, Land Management, Govt of Arunachal Pradesh, Itanagar, 7911112:The Chief Engineer Highway Zone Age: 0 Occupation : Public Works Department Govt of Arunachal Pradesh Itanagar 791111 3:The Director of Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar 791111 4:The Deputy Commissioner Age: 0 Occupation : Seppa East Kameng District Arunachal Pradesh 790102 5:The Secretary Age: 0 Page No.# 4/6 Occupation : Ministry of Road Transport and Highways Transport Bhawan 1 Parliament Street New Delhi Advocate for the Petitioner : Sunil Mow, Tenzin Chhoten,Tado Siga,Chanya Bangsia,Ebo Mili,Aruna Rai,Sonam Tsomo,Madan Mili,k N Maling Advocate for the Respondent : GA (AP), SC(Highway),Dugmar Kamduk,SC (Land Management),Rintu Saikia BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 10-03-2025 Heard Mr. S. Mow, learned counsel for the petitioners. Also heard Mr. R. H. Nabam, learned Additional Advocate General for the State respondents and Mr. D. Kamduk, learned Standing counsel for the Land Management Department. 2. Having regard to the nature of the grievance projected by the petitioners, the writ petition is taken up for disposal at the motion stage itself. 3. It is the case of the petitioners that the respondent authorities initiated the process of acquisition of land for construction of 123.5 Km LADA-Sarli Frontier Highway and the Public Works Department (Highway Zone), Government of Arunachal Pradesh, being the executive agency, issued notification dated 11.10.2024. Land with an area of 348.865 Hectares situated in villages falling under Bameng and Chayang Tajo circle, East Kameng District, have been sought to be acquired by invoking Page No.# 5/6 the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (Act of 2013). 4. The petitioners, who are 12 (twelve) in numbers, contend that they are covered by Package No. 5 (Jayang Bagang & Kasse Bagang Villages) in connection with the said Frontier Highway project. According to them, there are certain irregularities committed in the process of the land acquisition, since, survey was not done by the competent authorities but done only by a Mandal, without involving any other Departments or Agencies. Moreover, such verification was done on the table and not by going to the spot. 5. However, the Government of Arunachal Pradesh in the Department of Land Management and before the Deputy Commissioner/District Collector, East Kameng District, Seppa, issued a notification under Section 23 of the Act of 2013 without mentioning the amount of compensation entitled to each of the individuals whose land has been affected. According to the petitioners, the same is the prescription of the provisions of the Act of 2013 and without which, the petitioners are in no position to raise their objections or protest. 6. The petitioners, therefore, submitted their first representation before the Deputy Commissioner, East Kameng District, Seppa on 23.09.2024 (Annexure-2) seeking resurvey and reassessment of their land to be affected by the construction of the Frontier Highway. Since, the representation remained unattended, the petitioners, thereafter, filed another representation on 10.02.2025 by addressing the same to the Secretary, Land Management; The Director, Land Management and the Page No.# 6/6 Deputy Commissioner, East Kameng District, Seppa. Despite resubmission of the representation, their representation remained unconsidered and therefore, the petitioners submitted reminders to their representation on 17.02.2025, 24.02.2025 and 04.03.2025. Since, they have not received any reply from the respondent authorities concerned, they are before this Court. 7. Considering the fact that the petitioners have raised their grievances in detail in their representation dated 10.02.2025, this Court is of the view that instead of keeping the writ petition pending before this Court, the same should be considered by the Deputy Commissioner, East Kameng District, Seppa, since, it is the said authority, who has undertaken the exercise of acquisition of the land in question. 8. Accordingly, the writ petition is disposed of by directing the Deputy Commissioner, East Kameng District, Seppa to consider the representation submitted by the petitioners on 10.02.2025 and the subsequent, reminders and to pass a reasoned and speaking order. 9. It is also provided, herein, that the exercise directed hereinabove, should be undertaken and completed within a period of 3 (three) weeks from the date of receipt of the certified copy of this order. The order to be passed by the Deputy Commissioner, should be communicated to the petitioners. JUDGE Comparing Assistant