Page No.# 1/12 GAHC040007492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WA/18/2024 The Union of India and 5 Ors through Cabinet Secretary, Govt of India, New Delhi 2: The Secretary Age: Occupation : Ministry of Defence Govt of India New Delhi 3: The Director General Age: Occupation : Defence Estates Raksha Sampada Bhawan Ulaanbaatar Road Ministry of Defence Delhi Cantt 110010 4: The Principal Director Age: Occupation : Defence Estates Eastern Command Ministry of Defence Kolkata 1st and 2nd Floor AC 4 4/1 Belvedere Road Alipore Kolkata 700013 5: The Director Age: Occupation : Page No.# 2/12 Directorate of Defence Estates Ministry of Defence Eastern Command Kolkata 1st and 2nd Floor Belvedere Road Alipore Kolkata 700027 6: The Defence Estates Officer Age: Occupation : Itanagar Circle Camp at Model Village Naharlagun Arunachal Pradesh 79111 VERSUS Phuntso Memba and 42 Ors Son of Late Tsering Phumso, resident of Lali Village, PO and PS Tuting, Upper Siang District, Arunachal Pradesh 2:SHRI LUKING PALLING Age: 76 Occupation : S/O LT. M. PALLING PERMANENT RESIDENT OF RISHING VILLAGE PO/.PS TUTING UPPER SIANG DISTRICT AP. 3:SHRI DILEN MEDO Age: 57 Occupation : S/O SHRI LT. G. MEDO PERMANENT RESIDENT OF RISHING VILLAGE PO/.PS TUTING UPPER SIANG DISTRICT AP. 4:SHRI KYAMIK JONGKEY Age: 60 Occupation : S/O LT. G. JONGKEY PERMANENT RESIDENT OF RISHING VILLAGE PO/.PS TUTING UPPER SIANG DISTRICT AP. 5:SHRI AMIN NITIK Page No.# 3/12 Age: 58 Occupation : S/O LT. Y.NITIK PERMANENT RESIDENT OF RISHING VILLAGE UPPER SIANG DISTRICT AP. 6:SHRI ATEN MEDO Age: 41 Occupation : S/O LT. MIGON MEDO PERMANENT RESIDENT OF TUTING UPPER SIANG DISTRICT AP. 7:SHRI BANGGO TANGGU Age: 41 Occupation : S/OLT. M.TANGGU PERMANENT RESIDENT OF RISHING VILLAGE PO/.PS TUTING UPPER SIANG DISTRICT AP. 8:SHRI BANSI YARO Age: 79 Occupation : S/O LT. E.YARO PERMANENT RESIDENT OF TUTING UPPER SIANG DISTRICT AP. 9:SHRI GABO TONDRANG Age: 41 Occupation : S/O LT. T. TONDRANG PERMANENT RESIDENT OF RISHING VILLAGE PO/.PS TUTING UPPER SIANG DISTRICT AP. 10:SHRI GOGON TONDRANG Age: 41 Occupation : S/O LT. Y.TONDRANG PERMANENT RESIDENT OF RISHING VILLAGE PO/.PS TUTING UPPER SIANG DISTRICT Page No.# 4/12 AP. 11:SMTI JIMIN NITIK Age: 41 Occupation : D/O LT. R. TONDRANG PERMANENT RESIDENT OF RISHING VILLAGE PO/.PS TUTING UPPER SIANG DISTRICT AP. 12:SHRI JIMIN TONDRANG Age: 41 Occupation : S/O LT. A PANOR PERMANENT RESIDENT OF RISHING VILLAGE PO/.PS TUTING UPPER SIANG DISTRICT AP. 13:SHRI KABANG PEYANG Age: 41 Occupation : S/O KOMPI PEYANG PERMANENT RESIDENT OF JIDO VILLAGE UPPER SIANG DISTRICT AP. 14:SHRI HAKOT YORDUNG Age: 41 Occupation : S/O TANYANG YORDUNG PERMANENT RESIDENT OF TUTING VILLAGE PO/.PS TUTING UPPER SIANG DISTRICT AP. 15:SHRI KILON TONDRANG Age: 41 Occupation : S/O D. TONDRANG PERMANENT RESIDENT OF PURUNG VILLAGE UPPER SIANG DISTRICT AP. 16:LAMPER TEDO Age: 41 Occupation : Page No.# 5/12 S/O LT. L.TEDO PERMANENT RESIDENT OF TUTING VILLAGE UPPER SIANG DISTRICT AP. 17:SHRI LEGONG TONDRANG Age: 41 Occupation : S/O SHRI MATTOK TONDRANG PERMANENT RESIDENT OF RISHING VILLAGE UPPER SIANG DISTRICT AP. 18:SHRI MOBI TONDRANG Age: 41 Occupation : S/O LT. K. TONDRANG PERMANENT RESIDENT TUTING VILLAGE UPPER SIANG DISTRICT AP. 19:SMTI NANYING NITIK Age: 41 Occupation : D/O LT. K.NITIK PERMANENT RESIDENT OF RISHING VILLAGE UPPER SIANG DISTRICT AP. 20:SHRI OTIK PANGKANG Age: 35 Occupation : S/O LT. A PANGKANG PERMANENT RESIDENT OF PURUNG VILLAGE UPPER SIANG DISTRICT AP. 21:SHRI YACHUNG NITIK Age: 41 Occupation : S/O LT. S.NITIK PERMANENT RESIDENT OF RISHING VILLAGE UPPER SIANG DISTRICT AP. 22:SHRI KESANG DORJEE Age: 77 Occupation : Page No.# 6/12 PERMANENT RESIDENT OF BONA VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 23:SHRI SANG DORJEE Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 24:SHRI DONDUP PARDEN Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 25:SHRI SAMTEN LAMA Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 26:SHRI PEMA CHUNDE Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 27:TSECHU Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE Page No.# 7/12 UPPER SIANG DISTRICT AP. 28:SHRI CHENGA DAWA Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 29:SHRI KEJANG JOMTSO Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 30:SHRI PEMA TSERING Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 31:SHRI TSEWANG LAMA Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 32:SHRI KARMA WANGCHUK Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. Page No.# 8/12 33:SMTI. KUNJANG LAMO Age: 41 Occupation : PERMANENT RESIDENT OF KOPU VILLAGE PO/PS TUTING GELLING CIRCLE UPPER SIANG DISTRICT AP. 34:The Chief of Army Staff Age: 0 Occupation : SOUTH BLOCK OF CENTRAL SECRETARIAT AT RAISINA HILL NEW DELHI. 35:The General Officer Commanding in Chief Age: 0 Occupation : HEAD QUARTER ARMY EASTERN COMMAND FORT VWILLIAM KOLKATA WEST BENGAL 36:The General Officer Commanding Age: 0 Occupation : 56 INFANTRY DIVISION LIKABALI MILITARY STATION VILL AND PO MADHURI PATHAR DIST. DHEMAJI ASSAM 37:The Commanding Officer Age: 0 Occupation : 8 MARATHA LINGHT INFANTRY REGIMENT TUTING-CAMP UPPER SIANG DISTRICT A P. 38:The State of Arunachal Pradesh Age: 0 Occupation : represented by the Chief Secretary Govt of Arunachal Pradesh Itanagar 39:The Secretary Age: 0 Page No.# 9/12 Occupation : Land Management Govt of Arunachal Pradesh Itanagar 40:The Director Land Management Age: 0 Occupation : Govt. of AP Itanagar. 41:The Deputy Commissioner Age: 0 Occupation : YINGKIONG PO/PS YINGKIONG UPPER SIANG AP. 42:The Addl. Deputy Commissioner Age: 0 Occupation : TUTING UPPER SIANG DIST. AP. 43:The District Land Record and Settlement Officer Age: 0 Occupation : Yingkiong Upper Siang District Advocate for the Petitioner : Yadab Doloi, Advocate for the Respondent : GA (AP), Marto Kato,DSGI,Nikita Danggen BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 22.05.2025 SK Medhi, J. Heard Ms. A Gayan, learned Central Government Counsel (CGC), who has Page No.# 10/12 appeared for the appellant-Union of India. Also heard Ms. N Danggen, learned counsel for the respondent nos. 1 to 33 as well as Ms. L Kecha, learned counsel appearing on instructions of Shri M Kato, learned counsel for the respondent nos. 34, 35, 36 and 37 whereas Shri RH Nabam, learned Addl. AG, AP appears for the respondent nos. 38 to 43. 2. This intra-court appeal has been preferred in connection with a judgment and order dated 14.05.2024 passed by the learned Single Judge of this Court in WP(C)/97/2021. For better appreciation of the objective and reasons for which the appeal has been filed, the relief sought for is extracted hereinbelow: “i) To set aside and quash the impugned order dated 14.05.2024 passed by the Learned Single Judge in WP(C) No.97(AP)/2021 to the extent of directing the Deputy Commissioner to examine the question of interest amount since the year 2009.” 3. The impugned judgment and order 14.05.2024 was in connection with payment of rent and also for interest after its determination in connection with acquisition of land. It is not in dispute that so far as compensation is concerned, the same has already been paid and the instant petition was filed only for the aforesaid two purposes. 4. The learned Single Judge vide the impugned judgment had allowed the writ petition on both the counts and as it appears from the relief sought for, the present challenge is only to the extent of examination of the question of interest since the year 2009 and thereafter to take consequential steps. Page No.# 11/12 5. Ms. Gayan, learned CGC has submitted that payment of interest is not envisaged by the law holding the field and therefore, the said direction is not in accordance with law. 6. On the other hand, Ms. Danggen, learned counsel for the private respondents/writ petitioners has refuted the aforesaid proposition and contended that such direction is in consonance with law as a huge amount of money was withheld without any authority of law. She has, however, submitted that as per instructions, she would not oppose the present prayer only to bring the litigation to an end. She has very candidly submitted that her clients are not in a position to continue with the litigation in future. 7. Shri Nabam, learned Addl. AG, AP and Ms. Kecha, learned counsel have submitted that in view of the aforesaid concession made by the affected parties, the appeal may be closed. 8. After hearing the learned counsel for the parties and on recording the concession made by Ms. Danggen, learned counsel on instructions, we are of the opinion that there is no reason to keep this appeal pending and accordingly, the same is allowed. 9. It is, however made clear that the present order pertains only to the aspect of determination of the interest from the year 2009 and consequential action thereafter and not on other aspect pertaining to the rent. Page No.# 12/12 10. The writ appeal accordingly stands disposed of. JUDGE JUDGE Comparing Assistant