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2025 DAILYLAW 4669 (GAU)

M/s DD Hydro Power Developer Private Limited and Anr v. The State of AP and 2 Ors

WP(C)/237/2025 · 2025-06-12

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC040008592025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/237/2025 M/s DD Hydro Power Developer Private Limited and Anr having its corporate office near Directorate of Eco and Statistic Office, RK Mission, Itanagar, represented by tis Director Shri Vikram Aggarwal. 2: Vikram Aggarwal Age: Occupation : Director of M/s DD Power Developer Private Limited Son of Mahinder Kumar resident of 9 Astley Hall Rajpur Road Dehradun GP Uttarakhand 24800 VERSUS The State of AP and 2 Ors represented by the Secretary, Land Management Department, Govt of Arunachal Pradesh, Itanagar, 791110 2:The Deputy Commissioner Age: 0 Occupation : Keyi Panyor District Yachuli Arunachal Pradesh. 3:The Additional Deputy Commissioner Age: 0 Occupation : Yachuli Keyi Panyor District Arunachal Pradesh Page No.# 2/3 Advocate for the Petitioner : Dugmar Kamduk, Mitem Ratan,P Tashi,Bate Joel Koyu,Lokam Tadam,Mipe Ete,Kirpok Eshi Advocate for the Respondent : GA (AP), -BEFORE- HON’BLE MR. JUSTICE KARDAK ETE -O R D E R- 13.06.2025 Heard Mr. D. Kamduk, learned counsel for the petitioner. Also heard Ms. T. Wangmu, learned State Counsel for all the respondents. Challenge made in this writ petition is to the order dated 07.01.2025 passed by the Deputy Commissioner, Keyi Panyor District Yachuli( Ter Gapin-Sam Sath), whereby, in exercise of the power under Section 163 of the BNSS, 2023 and in continuation to order dated 16.02.2024 passed by the Deputy Commissioner of erstwhile Lower Subansiri district, the Deputy Commissioner has promulgate the order to stop all kinds of activities at worksite with immediate effect in the interest of the public at large till further orders from the Government. It is submitted at the Bar that since the impugned order has been passed in exercise of power under Section 163 of BNSS, 2023 and in view of the sub-section-4 of Section 163 of BNSS, 2023, which provides that no order under the Section shall remain in force for more than two months from the making of the order, the writ petition cannot be entertained in view of the operation of the law. Having considered the provision, since the impugned order dated 07.01.2025 issued by the Deputy Commissioner, Keyi Panyor District, is no longer in force, on the operation of the law, no issues require to be adjudicated upon. Accordingly, the writ Page No.# 3/3 petition stands disposed of. However, considering that the guidelines/Rules and Act appears to have not been complied with while acquiring the land for construction of Keyi Hydro Electric Project for 23 MW over Keyi river in the district of Keyi Panyor, the authorities may complete the process in accordance with the law, if not already completed. JUDGE Comparing Assistant