Page No.# 1/7 GAHC040006442021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/220/2021 Jaha Meto and 2 Ors S/o Lt. Moro Meto, aged about 51 years, permanent resident of Anini Circle, P.O/P.S Anini, Dibang Valley Distt, A.P 2: Rajen Linggi Age: Occupation : S/o Lt. Machihu Linggi aged about 38 years permanent resident of Anini circle P.O/P.S Anini Dibang Valley Distt A.P 3: Letepo Mipi Age: Occupation : S/o Shri Jini Mipi aged about 36 years permanent resident of Anini circle P.O/P.S Anini Dibang Valley Distt A. VERSUS The National Highways and Infrastructure Development Corporation Limited and 2 ors Represented by the General Manager, Page No.# 2/7 NHIDCL, BO-Roing near JNV Road Roing, P.O/P.S Roing, Lower Dibang Valley Distt, A.P. Pin Code. 792110. 2:The State of Arunachal Pradesh Age: 0 Occupation : Represented by the Secretary Department of Land Management Govt. of A.P Ita. 3:The Deputy Commissioner Age: 0 Occupation : Dibang Valley Distt Anini A. Advocate for the Petitioner : Sunil Mow, Advocate for the Respondent : GA (AP), T T Tara,Gamken Bam,Terji Kamchi,Kirmani Lollen BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 13-06-2025 Heard Mr. S. Mow, learned counsel for the petitioners. Also heard Mr. T. T. Tara, learned counsel for the respondent No. 1 and Mr. Y. Riram, learned State counsel appearing for the respondents No. 2 and 3. 2. By filing this writ petition, the petitioners have prayed for a direction to the National Highways and Infrastructure Development Corporation Limited (‘NHIDCL’ in short)/respondent No. 1 to deposit Rs.39,19,910/-(Rupees Thirty Nine Lakh Nineteen Thousand Nine Hundred Ten) being the amount of Page No.# 3/7 compensation for Horticulture items, for acquisition of the land of the petitioners for construction of Trans Arunachal Highway (NH-313) from KM 120.820 to KM 130.210 (Amboli to Anini) under Dibang Valley District of Arunachal Pradesh. 3. Briefly put, the facts of the case are that the petitioners, three in numbers, are the owners of the land which has been acquired for the construction of road under the project-Trans Arunachal Highway (NH-313) from Amboli to Anini. The petitioners have received the compensation amount of Rs.12,46,555/-, Rs.2,52,540/- and Rs.28,57,245/- respectively, which has been paid by the NHIDCL for the compensation of their land. 4. On the basis of the clarification from the Department of Horticulture and having found certain clerical error in calculation/assessment of the compensation amount for certain Horticulture items, the respondent No. 3/the Deputy Commissioner, Dibang Valley has re-verified and calculated the amount to be paid to the petitioners in addition to the amount of compensation already been duly paid to the petitioners. Accordingly, the rectified amount of Rs.34,45,265/-, Rs.13,33,740/- and Rs.34,97,245/-, a total of Rs. 39,19,910/- was prepared, which has been approved by the Government. The Deputy Commissioner, by the letter dated 27.05.2020 has forwarded the corrected compensation estimate, in respect of the petitioners, to the General Manager, NHIDCL, for sanctioned and payment thereof. 5. Mr. Mow, learned counsel for the petitioners submit that since there was a clerical error in the calculation with regard to rate of some items, the Deputy Commissioner, having verified and corrected on the basis of the report of the District Horticulture Officer, the said corrected estimate of Rs. 39,19,910/- as approved by the Government of Arunachal Pradesh and accordingly, communicated to the respondent No.1 for sanction of the aforesaid amount, the Page No.# 4/7 respondent No. 1 may be directed to deposit the same before the Deputy Commissioner, Dibang Valley for onward payment to the petitioners. 6. Mr. Tara, learned counsel for the respondent No. 1, while referring to the affidavit-it-opposition, submits that the land of the petitioners has been acquired under the provisions of the Clause 10 of the Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 which provides for reasonable compensation and the Land acquisition compensation estimate (heads included: Land, Forest, Horticulture, Structure& Agriculture) for an amount of Rs. 12,50,86,428/- was received from the office of the Deputy Commissioner, Dibang Valley on 14.01.2020. He submits that the Deputy Commissioner, Dibang Valley has already a balance amount of Rs.1,41,36,995/-. So, after deduction of Rs 1,41,36,995/-, a net amount of Rs.11,09,49,433 is to be deposited in the account of the DC and DLRSO, Anini. HQ-NHIDCL deposited an amount of Rs.11,09,49,433 to the account of the DC and DLRSO on 24.01.2020. Accordingly, the compensation was paid to the affected persons as admitted by the petitioners. 7. Mr. Tara, learned counsel submits that on 27.05.2020, NHIDCL, PMU-Roing received corrected compensation estimate of horticulture for petitioners from office of the Deputy Commissioner, Dibang Valley, regarding sanction of additional amount of Rs.39,19,190/-, which was scrutinized by NHIDCL, PMU- Roing, and it was observed that a new Spice (L. Cardamom) was added for Shri petitioners in the corrected compensation estimate which was not in old estimate. Change in numbers, age and enhancement in rate of horticulture plants/tress (Apple, Peach, Orange, Pears, Walnut, Kiwi and L. Cardamom) was observed in the corrected compensation estimate. Rates are enhanced only for the petitioners, whereas rates for other beneficiaries are same as in old Page No.# 5/7 estimate, which is not understood. Density of horticulture trees seems to be very high than that practically possible on ground. In this regard, the number of trees, age of trees, and rate of individual tree has been changed in corrected/revised estimate, which cannot be considered as clerical mistake. All such estimates were verified by a Board constituted by District Administration, therefore, change in number, age etc., at a later date is not justifiable. In this connection, NHIDCL, PMU-Roing has written a letters addressed to Deputy Commissioner, Dibang Valley, Anini, on 02.06.2020, 17.07.2020 and 23.03.2021. 8. Mr. Tara, learned counsel further submits that vide letter no. NHIDCL/H- A/LA/PMU-Roing/2016-17/Vol-1/4364,dated 23.03.2021 NHIDCL has requested the Deputy Commissioner, Anini, for submission of area-wise details of crops in the vicinity of the crops of the petitioners along with a map showing all details for all individuals within the 24 m Right of Way (ROW) of NHIDCL for better clarity of the revised estimates. However, the same has not been provided by District Horticulture Officer, Dibang Valley, Anini, till date, pending which justification for the increase in crops compensation to these three petitioners is found wanting before the revised estimate can be processed for approval of Competent Authority. 9. Mr. Riram, learned State Counsel submits that the corrected revised estimate in addition to the earlier compensation paid to the petitioners has to be made in view of the clerical errors as intimated by the Department of Horticulture vide its letter dated 30.09.2020, and the clarification with regard to rates of the items having been found to be clerical error, the revised estimate of Rs.39,19,910/- has been approved by the State Government which was forwarded to the respondent No. 1 for sanctioning of the said amount. Page No.# 6/7 10. I have considered the submissions advanced by the learned counsel for the parties and also perused the materials available on record. 11. Admittedly, the petitioners have already received the amount of compensation for their land which has been acquired for construction of Trans Arunachal Highways in the District of Dibang Valley. The Deputy Commissioner, on the basis of clarification from the Department of Horticulture, appears to have re-calculated and prepared an estimate for an amount of Rs.39,19,910/- in addition to the amount which the petitioners have already received by rectifying and correcting the compensation for the petitioners. It is seen that the amount sanctioned as per earlier estimate has already been disbursed to the petitioners, however, due to some clerical mistake in the earlier estimate, the Department of Horticuluture has submitted a correct estimate which has been verified. The Government has also accorded approval of the said corrected compensation amount of Rs.39,19,910/-. 12. Having considered that the corrected revised estimate of Rs.39,19,910/- by the Deputy Commissioner and accorded approval by the Government appears to have been made without inclusion of the respondent No. 1 while making revised estimate, whereas the respondent No. 1 was one of the Board Members in the first estimate of the compensation amount of the affected persons which have already been disbursed with, I am of the view that the rectification as done by the Deputy Commissioner, Dibang Valley ought to have been made by providing an opportunity to the respondent No. 1, who admittedly, was a Board Member in the first compensation estimate. 13. 13. In view of the above, interest of justice would be served if this writ petition is disposed of by directing the Deputy Commissioner to constitute a Board by including the respondent No. 1/NHIDCL as one of the members. Accordingly, it Page No.# 7/7 is directed that the Deputy Commissioner, Dibang Valley shall constitute a Board in which one of the members shall be from the respondent No. 1/NHIDCL. Thereafter, the Board shall re-verify the entitlement of the petitioners in respect of the items which has stated to have been left out due to clerical error. 14. The entire exercise(s) as directed, hereinabove, shall be completed within a period of 4 (four) months from today. 15. Needless to observe that, on verification, if the petitioners are found to be entitled to the additional compensation in respect of the said items, the respondent No. 1 shall pay the amount, expeditiously. 16. The writ petition stands disposed of, in terms of the above. JUDGE Comparing Assistant