Metaso Mimi and 11 Ors v. The State of AP and 3 Ors
WP(C)/135/2025 · 2025-03-27
Budi Habung
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 4341 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4341 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/6 GAHC040004852025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/135/2025 Metaso Mimi and 11 Ors (representing Rumbu Taru Clan) Son of Late Mimi, permanent resident of Echhanili /Chaye New Anaya Village, PO Anini, Dibang Valley District, Arunachal Pradesh. 792101 2: Anoko Mihu Age: Occupation : Son of Late Mihu permanent resident of Echhanli /Chaye Aruli Village PO Anini Dibang Valley District Arunachal Pradesh. 792101 3: Chacha Miwu Age: Occupation : Son of Late Miwu permanent resident of Echhanli Maronli Village PO Anini Dibang Valley District Arunachal Pradesh. 792101 4: Bhai Rondo Age: Occupation : Son of Late Rondo permanent resident of Echhanli Prabaya Village PO Anini Dibang Valley District Arunachal Pradesh. 792101 5: Govind Mihu
Page No.# 2/6 Age: Occupation : Son of Anoko Mihu Village Aronli Etalin Circle PO and PS Anini Dibang Valley District Arunachal Pradesh 792101 6: Tipa Linggi Age: Occupation : Son of Late More Linggi Village New Endolin PO Anini Dibang Valley District Arunachal Pradesh 792101 7: Diwani Miwu Age: Occupation : Son of Late Diko Miwu Maronli Village PO Anini Dibang Valley District Arunachal Pradesh. 792101 8: Mama Rondo Age: Occupation : Son of Late Kota Miwu Maronli Village PO Anini Dibang Valley District Arunachal Pradesh. 792101 9: Tunam Miwu Age: Occupation : Son of Late Diko Miwu Maronli Village PO Anini Dibang Valley District Arunachal Pradesh. 792101 10: Bikram Miwu Age: Occupation :
Page No.# 3/6 Son of Late Diko Miwu Maronli Village PO Anini Dibang Valley District Arunachal Pradesh. 792101 11: Smti Acholi Ekru Age: Occupation : Daughter of Late Amula Ekru Angulin Village PO Anini Dibang Valley District Arunachal Pradesh. 792101 12: Smti Kala Rondo Age: Occupation : Daughter of Kota Rondo Maronli Village PO Anini Dibang Valley District Arunachal Pradesh. 79210 VERSUS The State of AP and 3 Ors represented by the Secretary, Land Management, Govt of Arunachal Pradesh, Itanagar. 2:The Deputy Commissioner Age: 0 Occupation : Dibang Valley District PO Anini Govt of Arunachal Pradesh 792101 3:The Director of Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 4:Jando Taru Age: 0 Occupation : Son of Late Rano Taru permanent resident of Awunli Village PO Anini Dibang Valley District
Page No.# 4/6 Arunachal Pradesh 79210 Advocate for the Petitioner : Tayum Son, Tar Torum Advocate for the Respondent : GA (AP),
-BEFORE- HON’BLE MR.
JUSTICE BUDI HABUNG 28.03.2025
ORDER (ORAL) Heard Mr. T. Son, learned counsel for the petitioners and also heard Mr. N. Ratan, learned Addl. Advocate General representing State respondent Nos. 1 to
3. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioners are seeking a direction to the Deputy Commissioner, Dibang Valley District, Anini to dispose of the various representations submitted by the petitioners on 04.03.2013, 25.03.2014, 16.12.2014 and 11.03.2024. 3. The case of the petitioner is that they are the owners of Echhanli /Chayee village under Etalin Circle of Dibang Valley District, Arunachal Pradesh and therefore, they are the land affected families of Echhanli/ Chayee village and localities of M/s Etalin Hydro Electric Power Project of 3097MW. 4. It is submitted that the proposed Hydro Electric Project will submerge the paddy field of the petitioners. When the preliminary notification for acquisition of land was issued, the petitioners raised objection of the purported claim made by the Atoma Taru Clan/ respondent No. 4, on the ground that their claim were unnecessary. Accordingly, preliminary notification dated 09.11.2012 was published by the authority, wherein, the petitioners’ clan name appeared in Serial No. 23 & 24 as they are the Rumbu Taru Clan and descendants of Rambu
Page No.# 5/6 Taru Clan. However, due to false claim made by the respondent No. 4, the petitioners’ land compensation has been put to fault. 5. Aggrieved by the claim made by the respondent No. 4, the petitioners have submitted a representation dated 04.03.2013, before the respondent No. 2 praying for issuance of Land Possession Certificate (for short, ‘LPC’) in their favour. Thereafter, subsequently, the petitioners have submitted reminder representations on 25.03.2014, 16.12.2014 and finally on 11.03.2024. However, all the above representations submitted before the respondent No. 2 are still pending disposal. 6.
The learned counsel for the petitioners submits that now the respondent No. 2 is going to disburse the land compensation within a short period of time without deciding or disposing of the various representations submitted by the petitioners which may cause impediment for the petitioners and respondent No. 4 with regard to the payment of the compensation. However, at this stage, the limited prayer of the learned counsel for the petitioners is that the writ petition may be disposed of, at the motion stage, itself, with a direction to the respondent No. 2/ the Deputy Commissioner, Dibang Valley District, Anini to dispose of the above representations submitted by the petitioners and to decide ownership of the land in question. 7. Mr. N. Ratan, learned Addl. Advocate General appearing on behalf of the State respondents submits that so far as the prayer for direction for disposal of the representations submitted by the petitioners pending before the respondent No. 2 is concerned, he has no objection. However, the prayer of the petitioners that the ownership of the land to be decided by the Deputy Commissioner, the same may not be possible inasmuch as, the Deputy Commissioner has no power and authority to decide the title and ownership over the land. Therefore, he submits that as prayed for by the learned counsel for the petitioners, this writ
Page No.# 6/6 petition may be disposed of with a direction to the respondent No. 2/ the Deputy Commissioner, Dibang Valley District, Anini to dispose of the various representations submitted by the petitioners by granting liberty to decide the matter considering the fact and circumstances of the case, however, without deciding the ownership of the land, who in turn may also grant liberty to the petitioners to approach the appropriate forum including the Civil Court or the Customary Court for deciding their right, title and ownership of the land. 8. Heard both the learned counsel for the parties and also perused the available record. 9.
Upon consideration of the submissions made by the learned counsel for the parties, this writ petition is disposed of, at the motion stage, itself with a direction to the Deputy Commissioner, Dibang Valley District, Anini/ respondent No. 2 to consider and dispose of the various representations submitted by the petitioners on 04.03.2013, 25.03.2014, 16.12.2014 and 11.03.2024, preferably within 30 (thirty) days from the date of receipt of the certified copy of this order. 10. The petitioners are also granted liberty to file consolidated fresh representation before the respondent No. 2 raising their grievances and also to approach the appropriate forum including the Civil Court and the Customary Court for settlement of the land dispute with the respondent No. 4, if so advised. With the above observation, this writ petition stands disposed of accordingly. JUDGE Comparing Assistant