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2025 DAILYLAW 4672 (GAU)

Chera Taya and 58 Ors v. The Union of India and 8 Ors

WP(C)/294/2024 · 2025-09-16

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/48 GAHC040009322024 2025:GAU-AP:1038 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/294/2024 Chera Taya and 58 Ors Son of Late Chera Tabang, resident of Nirjuli, PO and PS Nirjuli, Papumpare District, Arunachal Pradesh 791109 2: Smti Taba Mama Age: Occupation : Wife of Shri Yowa Bullet resident of Holongi PO Balijan PS Balijan Papumpare District Arunachal Pradesh 791123 3: Yowa Bullet Age: Occupation : Son of Late Yowa Tado resident of Hollongi PO and PS Balijan Papumpare District Arunachal Pradesh 4: Nabam Runghi Age: Occupation : Son of Shri Nabam Hita Resident of Hollongi P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Page No.# 2/48 5: Smti Nabam Reena Age: Occupation : Wife of Shri Nabam Runghi Resident of Hollongi P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 6: Smti Chera Nokuyu Age: Occupation : D/o Shri Chera Taya Resident of Nirjuli P.O. Nirjuli P.S. Nirjuli District Papum Pare Arunachal Pradesh PIN 791109 7: Tai Sonia Age: Occupation : Son of Shri Tai Eka Resident of Yangte P.O. Palin P.S. Palin District Kra Daadi Arunachal Pradesh PIN 791118 8: Techi Tekhi Age: Occupation : Son of Shri Tech Tajin Resident of Hollongi P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 9: Techi Chape Page No.# 3/48 Age: Occupation : Wife of Shri Techi Rukh Resident of Dokun Colony P.O. Naharlagun P.S. Naharlagun District Papum Pare Arunachal Pradesh PIN 791110 10: Techi Alban Age: Occupation : Son of Shri Techi Rak Resident of Dokun Colony P.O. Naharlagun P.S. Naharlagun District Papum Pare Arunachal Pradesh PIN 791110 11: Yowa Jyoti Age: Occupation : Son of Shir Yowa Takar Resident of Amba P.O. Doimukh P.S. Doimukh District Papum Pare Arunachal Pradesh PIN 791112 12: Teli Nanu (Motu) Age: Occupation : D/o Shri Teli Tarin Resident of Nirjuli P.O. Nirjuli P.S. Nirjuli District Papum Pare Arunachal Pradesh PIN 791110 13: Smti Nabam Lilly Page No.# 4/48 Age: Occupation : D/o Shri Nabam Tuki Resident of Pepsol P.O. Sagalee P.S. Sagalee District Papum Pare Arunachal Pradesh PIN 791112 14: Kholie Kapa Age: Occupation : Son of Late L. Kholie Resident of Model Village P.O. Naharlagun P.S. Naharlagun District Papum Pare Arunachal Pradesh PIN 791110 Mobile Phone No. 9436041927 15: Smti Teri Uma Age: Occupation : Wife of Shri Teri Rash Resident of Huto P.O. Doimukh P.S. Doimukh District Papum Pare Arunachal Pradesh PIN 791112 Mobile Phone No. 9856358098 16: Jhonny Ningi Age: Occupation : Son of Shri Kemejo Ningi Resident of Hollongi P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No. 9402004015 17: Tadar Apa Page No.# 5/48 Age: Occupation : Son of Mr. Tadar Taih Resident of Yuba P.O. Nyapin P.S. Nyapin District Kurung Kumey Arunachal Pradesh PIN 791111 Mobile Phone No. 9436041705 18: Smti Taba Yaha Age: Occupation : Wife of Shri Taba Tem Resident of Pitapool P.O. Ziro P.S. Ziro District Lower Subansiri Arunachal Pradesh PIN 791120 Mobile Phone No. 9957146208 19: Tako Tukia Age: Occupation : Son of Shri Tako Hamu Resident of Jollang P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No. 8794521102 20: Smti Takam Akir Age: Occupation : Wife of Shri Takam Logi Resident of Sangloputteing Colony Gohpur Tiniali Itanagar P.O. R.K. Mission P.S. Chimpu District Papum Pare Arunachal Pradesh PIN 791113 Page No.# 6/48 Mobile Phone No. 9436693756 21: Jomo Poho Age: Occupation : Son of Shri Jomo Gunai Resident of Tabung P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No. 8414090418 22: Lokam Nai Age: Occupation : Son of Shri Lokam Gari Resident of Village Nyokum Lapang Itanagar P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No. 9436898985 23: Techi Kaya Age: Occupation : Son of Techi Tagin Resident of Balijan P.O. and P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No. 7005413626 24: Tana Sunny Age: Occupation : Son of Shri Tana Boda Resident of Nirjuli P.O. and P.S. Nirjuli District Papum Pare Arunachal Pradesh PIN 791109 Page No.# 7/48 Mobile Phone No. 8974253026 25: Tana Kehi Age: Occupation : Son of Shri Yana Dali Resident of Hollongi P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No. 8119026595 26: Smti Nabam Mekap Age: Occupation : Wife of Shri Nabam Taru Resident of Kokila P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No. 9774911187 27: Smti Nabam Puning Age: Occupation : Wife of Shri Nabam Taru Resident of Kokila P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No. 8787427706 28: Smti Techi Hitlar Age: Occupation : Son of Techi Kaya Resident of Itanagar P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Page No.# 8/48 Mobile Phone No. 9436042469 29: Biri Nikhi Age: Occupation : Son of Late Biri Tai Resident of Hollongi P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No. 9366541526 30: Biri Gatu Age: Occupation : Son of Shri Biri Nikhi Resident of Hollongi P.O. and P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No. 9366541526 31: Smti Taba Nunu Age: Occupation : Wife of Late Taba Rayo Resident of village Emchi P.O. Doimukh P.S. Doimukh District Papum Pare Arunachal Pradesh PIN 791112 Mobile Phone No. 8132977072 32: Smti Tana Yate Age: Occupation : Wife of Shri Tana Tahin Resident of Village Nunpu P.O. Doimukh P.S. Doimukh District Papum Pare Arunachal Pradesh PIN 791112 Page No.# 9/48 Mobile Phone No. 7628983144 33: Smti Taba Ami Age: Occupation : Wife of Shri Anthony Tana Tare Resident of Town Amba P.O. Doimukh P.S. Doimukh District Papum Pare Arunachal Pradesh PIN 791112 Mobile Phone No. 9436633014 34: Techi Sikey Age: Occupation : Son of Shri Techi Tarak Resident of Ess Sector P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No. 9402461453 35: Smti Nabam Yakum Age: Occupation : Wife of Shri Debia Lazi Resident of Naharlagun P.O. Naharlagun P.S. Naharlagun District Papum Pare Arunachal Pradesh PIN 791110 Mobile Phone No. 8731848561 36: Techi Kaha Age: Occupation : Son of Late Techi Tachang Resident of Sagalee P.O. Sagalee P.S. Sagalee District Papum Pare Page No.# 10/48 Arunachal Pradesh PIN 791112 Mobile Phone No. 9436051000 37: Nabam Kikap Age: Occupation : Son of Shri Nabam Tatik Resident of Mangio P.O. Sagalee P.S. Sagalee District Papum Pare Arunachal Pradesh PIN 791112 Mobile Phone No. 8794422794 38: Endy Hiba Age: Occupation : Son of Late Hiba Tatek Resident of Chimpu P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No. 762999963 39: Techi Niktar Age: Occupation : Son of Late Techi Nyaju Resident of Ganga Village P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No. 9436246914 40: Techi Nich Aka Age: Occupation : Son of Late Techi Nich Epa Resident of Chimpu P.O. Chimpu P.S. Chimpu District Papum Pare Page No.# 11/48 Arunachal Pradesh PIN 791113 Mobile Phone No. 7005468369 41: Yowa Jhumsi Age: Occupation : Son of Yowa Nunu Resident of Hollongi P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No. 8731993923 42: Gollo Bagang Age: Occupation : Son of Mr. Gollo Tadhi Resident of P Sector P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile No. 8974688982 43: Smti Joram Yamin Age: Occupation : Wife of Late Joram Tein Resident of Gohpur P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791110 Mobile Phone No. 9366373810 44: Nabam Vivek Age: Occupation : Son of Nabam Rangka Resident of Midpu II P.O. Midpu II Page No.# 12/48 P.S. Midpu II District Papum Pare Arunachal Pradesh PIN 791112 Mobile Phone No.9436050999 45: Lokam Tasar Age: Occupation : Son of Lt. Lokam Gari. Lokam Gari. R/o6 Kilo P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791110 Mobile Phone No.8119091118 46: Techi Kako Age: Occupation : Son of Techi Bado Resident of Tengabari P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No.8787884764 47: Tayar Tache Age: Occupation : Son of Late Tayar Talang Resident of Hollongi P.O. Balijan P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No.9436041362 48: Jomo Buikon Age: Occupation : Son of Jomo Gunai Resident of Hollongi PO Balijan Page No.# 13/48 P.S. Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No 7005863145 49: Nabam Takar Age: Occupation : Son of Nabam Rebia R/oItanagar P.O.Itanagar P.S.Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No 9463025205 50: Stmi Nich Yali Age: Occupation : Wife of Techi Nich aka Resident of Chimpu P.O. Chimpu P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No 7085145800 51: Taba Tedir Age: Occupation : Son of Taba Tat R/oYazali P.O. Yazali P.S.Yazali District lower Subansari Arunachal Pradesh PIN 791119 Mobile Phone No 8837357612 52: Hura Tatum Age: Occupation : Son of Lt.Tarh Taya Page No.# 14/48 Resident of Chimpu P.O. Chimpu P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No 7005857873 53: Smti Techi Hinya Age: Occupation : Wife of Techi Niktar Resident of Chimpu P.O. Chimpu P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No 7005889261 54: Taw Tebin Age: Occupation : Son of Shri. Taw Topu Resident of Borum P.O. naharlagun P.S. Pappu Nallah District Papum Pare Arunachal Pradesh PIN 791110 Mobile Phone No 9436040285 55: Kame Bengia Age: Occupation : Son of Shri. Bengia Raching Resident of D Sector P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No 9436040772 56: Smti K M Techi Age: Occupation : Page No.# 15/48 Wife of Techi Nyishi Resident of Mowb I P.O. Itanagar P.S. Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No 9436042469 57: Smti Techi Renu Age: Occupation : Wife of Techi Kaya Resident of Dhipu P.O. Balijan P.S.Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No 9436042469 58: Techi Alexander Age: Occupation : Son of Techi Hitlar Resident of Mowb I P.O. Itanagar P.S.Itanagar District Papum Pare Arunachal Pradesh PIN 791111 Mobile Phone No 9436042469 59: Techi Nepolian Age: Occupation : Son of Techi Kaya Resident of Dhipu P.O. Balijan P.S.Balijan District Papum Pare Arunachal Pradesh PIN 791123 Mobile Phone No 943604246 Page No.# 16/48 VERSUS The Union of India and 8 Ors represented by the Secretary, Ministry of Civil Aviation, Govt of India, Rajiv Gandhi Bhavan, Safdarjugn Airport Area, New Delhi 110003 2:The State of Arunachal Pradesh Age: 0 Occupation : represented by the Chief Secretary Govt of Arunachal Pradesh Civil Secretariat Itanagar 791111 3:The Commissioner Age: 0 Occupation : Land Management Department Govt of Arunachal Pradesh civil Secretariat Itanagar 7911111 4:The Secretary Land Management Age: 0 Occupation : Land Management Department Govt of Arunachal Pradesh Civil Secretariat Itanagar 791111 5:The Secretary Civil Aviation Age: 0 Occupation : Govt of Arunachal Pradesh Civil Secretariat Itanagar 791111 6:The Airporst Authority of India Age: 0 Occupation : represented by its Chairman Rajiv Gandhi Bhavan Safdarjung Airport New Delhi 110003 7:The Regional Executive Director Age: 0 Page No.# 17/48 Occupation : North Eastern Region Airports authority of India regional Headquarters (NER) LGBI Airport Guwahati 781015 8:The Deputy Commissioner cum District Collector Age: 0 Occupation : Papumpare District Yupia Arunachal Pradesh 791112 9:The District Land Revenue and Settlemtn Officer Age: 0 Occupation : Yupia District Papumpare Arunachal Pradesh 79111 Advocate for the Petitioner : Parswajyoti Das Nair, H Rahman,Khogen Bui,G Alam Advocate for the Respondent : Marto Kato, DSGI Page No.# 18/48 Linked Case : WP(C)/174/2024 Nabam Legia and Anr Age: 26 Occupation : Address:Son of Shri Nabam Rebia resident of Senki Park Division-IV PO and PS Itanagar Itanagar Arunachal Pradesh 791111 2: Takum Kabak Age: 57 Occupation : Address:Son of Late Kabak Tad resident of Hollongi PO Balijan PS Balijan Papumpare District Arunachal Pradesh 781123 VERSUS The Union of India and 8 Ors Age: 0 Occupation : Address:represented by the Secretary ministry of Civil Aviation Govt of India Rajiv Gandhi Bhavan Safdarjung Airport Area New Delhi 110003 2:The State of Arunachal Pradesh Age: 0 Occupation : Address:represented by the Chief Secretary Govt of Arunachal Pradesh Civil Secretariat Itanagar 791111 3:The Commissioner Age: 0 Occupation : Address:Land Management Department Govt of Arunachal Pradesh Page No.# 19/48 Civil Secretariat Itanagar 791111 4:The Secretary Land Management Age: 0 Occupation : Address:Land Management Department Govt of Arunachal Pradesh Civil Secretariat Itanagar 791111 5:The Secreary Civil Aviatation Age: 0 Occupation : Address:Govt of Arunachal Pradesh civil Secretariat Itanagar 791111 6:The Airports Authority of India Age: 0 Occupation : Address:represented by its Chairman Rajiv Gandhi Bhavan Safdarjung Airport New Delhi 110003 7:The Regional Executive Director (North East REgion) Age: 0 Occupation : Address:Airports Authority of India Regional Headquarters (North Eastern Region) LGBI Airport Guwahati 781015 8:The Deputy Commissioner -cum- District Collector Age: 0 Occupation : Address:Papumpare District Yupia Arunachal Pradesh 791112 9:The District Land Revenue and Settlement Officer Age: 0 Occupation : Address:Yupia District Papumpare District Arunachal Pradesh 791112 ------------ Advocate for : Parswajyoti Das Nair Page No.# 20/48 Advocate for : Marto Kato appearing for The Union of India and 8 Ors: Advocate , , appearing for 2, 3, 4,5, 6, 7,8, 9, respectively. Linked Case : WP(C)/455/2024 Nabam Tado Age: 44 Occupation : Address:Son of Late Nabam Epo resident of Rono Village Po and PS Doimukh Papum Pare District Arunachal Pradesh. VERSUS The Union of India and 8 Ors Age: 0 Occupation : Address:represented by the Secretary Ministry of Civil Aviation Govt of India Rajiv Gandhi Bhavan Safdarjung Airport Area New Delhi 110003 2:The State of Arunachal Pradesh Age: 0 Occupation : Address:represented by the Chief Secretary Govt of Arunachal Pradesh Civil Secretariat Itanagar 791111 3:The Commissioner Age: 0 Occupation : Address:Land Management Department Govt of Arunachal Pradesh Civil Secretariat Itanagar 791111 4:The Secretary Land Management Age: 0 Occupation : Address:Land Management Department Page No.# 21/48 Govt of Arunachal Pradesh Civil Secretariat Itanagar 791111 5:The Secretary Civil Aviation Age: 0 Occupation : Address:Govt of Arunachal Pradesh Civil Secretariat Itanagar 791111 6:The Airporst Authority of India Age: 0 Occupation : Address:represented by its Chairman Rajiv Gandhi Bhavan Safdarjung Airport New Delhi 110003 7:The Regional Executive Director Age: 0 Occupation : Address:(North Eastern Region) Airports Authority of India regional Headquarters (NER) LGBI Airport Guwahati 781015 8:The Deputy Commissioner cum District Collector Age: 0 Occupation : Address:Papum Pare District Yupia Arunachal Pradesh 791112 9:The District Land Revenue and Settlement Officer Age: 0 Occupation : Address:Yupia District Papum Pare Arunachal Pradesh 791112 ------------ Advocate for : Lissing Perme Advocate for : Marto Kato appearing for The Union of India and 8 Ors: Advocate , , appearing for 2,3, 4, 5,6,7, 8, 9, respectively. Linked Case : WP(C)/193/2022 Page No.# 22/48 Dado Tallo and 89 Ors. Age: 49 Occupation : Address:S/o Late Dado Epak R/o Village Hollongi PO and PS Balijan District Papum Pare Arunachal Pradesh PIN 791123 2: Takam Xavier Age: 52 Occupation : Address:S/o Late T. Tanaim R/o Nirjuli PO and PS Nirjuli Distict Papum Pare AP Pin 791109 3: Chukhu Monu Age: 48 Occupation : Address:S/o Late Chukhu Choka R/o A Sector NEEPCO Doimukh PO and PS Doimukh District Papum Pare Arunachal Pradesh AP Pin 791112 4: Chukhu Premi Age: 24 Occupation : Address:D/o Shri Chukhu Monu R/o Village Hollongi PO and PS Balijan District Papum Pare Arunachal Pradesh PIN 791123 5: Kara Yapang Age: 50 Page No.# 23/48 Occupation : Address:W/o Kara Tejang R/o E-12 Hollongi Patila PO and PS Balijan District Papum Pare Arunachal Pradesh PIN 791123 6: Tana Tahin Age: 51 Occupation : Address:S/o Tana Sera R/o Village Nonpu PO and PS Doimukh District Papum Pare AP PIN 791112 7: Takam Radhey Age: 25 Occupation : Address:S/o Shri Takam Sanjoy R/o Don Tanyi Vila D Sector Itanagar PO and PS Itanagar AP Pin 791111 8: Dolang Akom Age: 45 Occupation : Address:S/o Dolang Obing R/o Nyokum Lapang Itanagar PO and PS Itanagar Arunachal Pradesh 791111 9: Takam Moni Age: 47 Occupation : Address:W/o Shri Takam Sanjoy R/o Don Tanyi Villa D Sector Page No.# 24/48 Itanagar PO and PS Itanagar AP PIN 791111 10: Likha Budh Age: 55 Occupation : Address:S/o Likha Hali R/o Chimpu Itanagar PO and PS Itanagar Arunachal Pradesh PIN 791111 11: Gida Takar Age: 45 Occupation : Address:S/o Gida Doch R/o Chimpu Itanagar PO and PS Itanagar Arunachal Pradesh PIN 791111 12: Tarh Potom Age: 50 Occupation : Address:S/o Late Tara Nill. R/o Chimpu Itanagar PO and PS Itanagar Arunachal Pradesh PIN 791111 13: Taba Tangum Age: 46 Occupation : Address:S/o Late Taba Saha R/o Industrial Estate Naharlagun PO and PS Naharlagun AP 791110 14: Taba Laji Age: 43 Occupation : Page No.# 25/48 Address:S/o Taba Niya R/o Daying Ering Colony Itanagar PO and PS Itanagar AP Pin 791111 15: Nabam Hita Age: 51 Occupation : Address:S/o Nabam Rogi R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 16: Tana Tam Age: 33 Occupation : Address:S/o Tana Jerjo R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 17: Nabam Philip Age: 36 Occupation : Address:S/o Shri Tana Jarjo R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 18: Likha Tada Age: 52 Occupation : Address:S/o Late Likha Tagi R/o F and G Sector Itanagar PO and PS Itanagar Page No.# 26/48 Arunachal Pradesh. 791111 19: Techi Kako Age: 47 Occupation : Address:S/o Techi Bado R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 20: Techi Talam Age: 34 Occupation : Address:S/o Techi Sera R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 21: Kara Tajang Age: 56 Occupation : Address:S/o Kara Tabang R/o Village Hollongi PO and PS Balijan District Papum Pare AP PIN 791123 22: Tajin Naga Age: 32 Occupation : Address:S/o Tajin Tate R/o Balijan PO and PS Balijan District Papum Pare AP Pin 791123 23: Taba Apa Age: 44 Page No.# 27/48 Occupation : Address:S/o Taba Tuglo R/o Balijan PO and PS Balijan District Papum Pare AP Pin 791123 24: Chuku Chuma Age: 56 Occupation : Address:S/o Late Chukhu Chukak R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 25: Jomo Uma Age: 46 Occupation : Address:S/o Jomo Kokar R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 26: Taw Naga Age: 38 Occupation : Address:S/o Taw Pokam. R/o D Sector Naharlagun PO and PS Naharlagun Arunachal Pradesh 791110 27: Nabam Taring Age: 55 Occupation : Address:S/o Nabam Tage. R/o Balijan PO and PS Balijan District Papum Pare Arunachal Pradesh Page No.# 28/48 PIN 791123 28: Tana Jerjo Age: 56 Occupation : Address:S/o Tana Saje R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 29: Tana Yadik Age: 46 Occupation : Address:W/o Tena Jerjo R/o Kolila PO and PS Balijan District Papum Pare AP PIN 791123 30: Tana Hinda Age: 62 Occupation : Address:S/o Tana Laze R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 31: Tana Rupali Age: 49 Occupation : Address:D/o Tana Sera R/o Lower Tabang Balijan District Papum Pare Arunachal Pradesh PIN 791123 32: Tana Yarang Age: 46 Occupation : Page No.# 29/48 Address:W/o Mallo Tapu R/o Lotha PO and PS Naharlagun District Papum Pare AP PIN 791110 33: Tana Ampi Age: 44 Occupation : Address:W/o Shri Tana Hinda R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 34: T. G. Taba Age: 48 Occupation : Address:S/o Taba Tubin R/o Balijan PO and PS Balijan District Papum Pare. AP PIN 791123 35: Nabam Nikum Age: 43 Occupation : Address:S/o Nabam Taru R/o Balijan PO and PS Balijan. District Papum Pare AP PIN 791123 36: Nabam Niya Age: 40 Occupation : Address:S/o Nabam Taru R/o Balijan PO and PS Balijan District Papum Pare AP Page No.# 30/48 PIN 791123 37: Nabam Taru Age: 62 Occupation : Address:S/o Late Nabam Tahi R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 38: Nabam Langlum Age: 43 Occupation : Address:S/o Nabam Taru R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 39: Tana Yate Age: 44 Occupation : Address:W/o Tana Tahin R/o Village Monpu PO and PS Doimukh District Papum Pare AP PIN 791112 40: Nabam Yacham Tai Age: 46 Occupation : Address:W/o Tai Tache R/o Mowb I Itanagar AP PIN 791111 41: Tadar Reema Lokam Age: 48 Occupation : Page No.# 31/48 Address:W/o Lokam Francis R/o Village Chimpu PO Itanagar PS Chimpu Arunachal Pradesh 791110 42: Techi Yal Age: 47 Occupation : Address:W/o Shri Techi Gubin R/o Mowb II Itanagar PO and PS Itanagar Arunachal Pradesh 791111 43: Techi Gubin Age: 58 Occupation : Address:S/o Late Techi Hima R/o Mowb II Itanagar PO and PS Itanagar Arunachal Pradesh 791111 44: Tai Lalik Age: 43 Occupation : Address:S/o Late Tai Hamak R/o G Extension Naharlagun PO and PS Naharlagun Arunachal Pradesh 791110 45: Kipa Tai Age: 51 Occupation : Address:S/o Kipa Kasing R/o Polo Colony Naharlagun PO and PS Naharlagun Arunachal Pradesh 791110 46: Nera Techi Page No.# 32/48 Age: 50 Occupation : Address:S/o Nera Nyoju R/o Ganga Village Itanagar PO and PS Itanagar Arunachal Pradesh 791111 47: Tai Mangche Age: 56 Occupation : Address:S/o Tai Keoram R/o Village Pachin PO and PS Naharlagun District Papum Pare AP PIN 791110 48: Tadar Tayuf Age: 51 Occupation : Address:S/o Tadar Nikum. R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 49: Kumar Waii Age: 53 Occupation : Address:S/o Late Sardo Waii R/o Village Hollongi PO and PS Balijan District Papum Pare AP PIN 791123 50: Takam Nishi Age: 22 Occupation : Address:S/o Late Sardo Waii R/o Village Hollongi PO and PS Balijan District Papum Pare Page No.# 33/48 AP PIN 791123 51: Nabam Mekha Age: 57 Occupation : Address:W/o Nabam Tata R/o C Sector Itanagar PO and PS Itanagar Arunachal Pradesh Pin 791111 52: Takam Githo Age: 22 Occupation : Address:S/o Shri Takam Logi R/o Chimpu Itanagar PO Itanagar PS Chimpu Arunachal Pradesh 791111 53: Nguran Yajii Age: 44 Occupation : Address:W/o Late Ngurang Nadang R/o Village Kokila Balijan. PO and PS Balijan District Papum Pare Arunachal Pradesh PIN 791123 54: Tana Takho Age: 52 Occupation : Address:S/o Doli Tana R/o Village Hollongi PO and PS Balijan District Papum Pare AP PIN 791123 55: Tari Rab Kara Age: 48 Occupation : Page No.# 34/48 Address:S/o Kara Tabang R/o Sagalee PO and PS Sagalee District Papum Pare AP PIN 791112 56: Kipa Sinia Age: 41 Occupation : Address:W/o Kipa Gagung R/o Polo Colony Naharlagun PO and PS Naharlagun Arunachal Pradesh 791110 57: Taba Tolu Age: 65 Occupation : Address:S/o Late Taba Tath R/o Tadar Tang Complex Naharlagun PO and PS Naharlagun AP 791110 58: Nabam Abo Age: 44 Occupation : Address:S/o Nabam Tagam R/o Doimukh PO/PS Doimukh District Papum Pare AP PIN791112 59: Tana Naya Age: 47 Occupation : Address:S/o Tana Hachang R/o Chandra Nagar Itanagar PO and PS Itanagar Arunachal Pradesh 791111 60: Kipa Jemu Age: 38 Page No.# 35/48 Occupation : Address:S/o Kipa Dodum R/o Village Nyapin PO and PS Naharlagun Arunachal Pradesh PIN 791110 61: Chera Sangte Age: 46 Occupation : Address:W/o Chera Taya R/o Nirjuli Village PO and PS Nirjuli District Papum Pare AP PIN 791110 62: Techi Nikum Age: 38 Occupation : Address:S/o Techi Rak R/o Model Village PO/PS Naharlagun District Papum Pare AP PIN 791110 63: Tarh Tajuk Age: 43 Occupation : Address:S/o Shri Tarh Jaha R/o Entry Point 4 Lane Airport Road Hollongi PO and PS Balijan District Papum Pare AP PIN 791123 64: Nabam Eka Age: 51 Occupation : Address:S/o Nabam Kojum. R/o Village Tarasso PO and PS Balijan District Papum Pare Page No.# 36/48 AP PIN 791123 65: Taba Pinka Age: 41 Occupation : Address:S/o Taba Dol R/o F Sector Itanagar PO and PS Itanagar Aruanchal Pradesh 791111 66: Taba Tem Age: 52 Occupation : Address:S/oTaba Tekhi R/o Village Yazali PO and PS Ziro Dist. Lower Subansiri AP PIN 791120 67: Bengia Riba Debia Age: 45 Occupation : Address:W/o Tada Debia Neekom R/o G Extension Naharlagun PO and PS Naharlagun Arunachal Pradesh 791110 68: Bamang Amand Age: 40 Occupation : Address:S/o Bamang Taju R/o P Sector Itanagar PO and PS Itanagar Arunachal Pradesh 791111 69: Taw Jecob Age: 46 Occupation : Address:S/o Late Taw Racho R/o D Sector Page No.# 37/48 Naharlagun PO and PS Naharlagun Arunachal Pradesh 791110 70: Hage Pipi Age: 52 Occupation : Address:W/o Hage Tayo R/O ESS Sector Itanagar PO/PS Itanagar Arunachal Pradesh 791111 71: Tayi Taggu Age: 56 Occupation : Address:S/o Taling Taggu R/o C Sector Itanagar PO and PS Itanagar Arunachal Pradesh 791111 72: Bamang Tasung Age: 57 Occupation : Address:S/o Bamang Tach R/o Chimpu Village PO Itanagar PS Chimpu Arunachal Pradesh 791111 73: Yamak Mize Age: 50 Occupation : Address:W/o Tayi Taggu R/O VIP Road Itanagar PO and PS Itanagar Arunachal Pradesh 791111 74: Make Bui Age: 57 Occupation : Address:S/o Late Tama Bui Page No.# 38/48 R/o B Sector Itanagar PO and PS Itanagar Arunachal Pradesh 791111 75: Nabam Yani Age: 55 Occupation : Address:W/o Shri Nabam Tuki R/o Sagalee PO and PS Sagalee District Papum Pare Arunachal Pradesh 791112 76: Taba Tagep Age: 52 Occupation : Address:S/o Late Taba Taluk R/o Village Yazali PO and PS Yazali District Papum Pare AP PIN 791120 77: Sunil Rongpher Age: 37 Occupation : Address:S/o Mahari Rongpher R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 78: Fekik Teli Age: 52 Occupation : Address:W/o Late T.C. Teli R/o Balijan PO and PS Balijan District Papum Pare AP PIN 791123 Page No.# 39/48 79: Taw Tebin Age: 65 Occupation : Address:S/o Late Taw Tapu R/o P Sector Itanagar PO and PS Itanagar Arunachal Pradesh 791110 80: Tai Nilli Age: 50 Occupation : Address:So Tai Mangha R/o Village Yangte PO/PS Palin District Kra Daadi AP PIN 791118 81: Teli Kahi Age: 56 Occupation : Address:S/o Late Teli Murkhi R/o Ganga Village Itanagar PO and PS Itanagar Arunachal Pradesh 791111 82: Kabak Mate Age: 60 Occupation : Address:W/o Kabak Takum. R/o Hollongi Village PO and PS Balijan District Papum Pare AP PIN 791123 83: Techi Nikum Tara Age: 48 Occupation : Address:S/o Techi Rak R/o Naharlagun PO and PS Naharlagun Arunachal Pradesh PIN 791110 Page No.# 40/48 84: Techi Sapam Age: 47 Occupation : Address:S/o Late Techi Soten R/o Village Ganga Itanagar PO and PS Itanagar Arunachal Pradesh 791111 85: Lucy Bengia Techi Age: 48 Occupation : Address:W/o Techi Ramda R/o Jullang Village Itanagar PO and PS Itanagar Arunachal Pradesh 791111 86: Nabam Vijay Age: 36 Occupation : Address:S/o Nabam Tadap R/o Village Pareng PO and PS Sagalee District Papum Pare AP PIN 791112 87: Techi Juna Age: 48 Occupation : Address:S/o Late Techi Nikam R/o Nirjuli PO and PS Nirjuli District Papum Pare AP PIN 791112 88: Taba Yama Age: 43 Occupation : Address:W/o Taba Ayo R/o Village Sagalee PO/PS Sagalee District Papum Pare Page No.# 41/48 AP PIN 791112 89: Nabam Tadap Age: 56 Occupation : Address:S/o Nabam Lilung R/o D Sector Naharlagun PO and PS Naharlagun Arunachal Pradesh 791110 90: Nabam Nibi Age: 48 Occupation : Address:S/o Nabam Changring R/o D Sector Naharlagun PO and PS Naharlagun Arunachal Pradesh 791110 VERSUS THE UNION OF INDIA and 8 Ors. Age: 0 Occupation : Address:Represented by the Secretary Ministry of Civil Aviation Govt. of India Rajiv Gandhi Bhavan Safdarjung Airport Area New Delhi 110003 2:THE STATE OF AP Age: 0 Occupation : Address:Represented by the Chief Secretary Govt. of Arunachal Pradesh Civil Secretariat Itanagar 791111 3:The Commissioner Age: 0 Occupation : Address:Land Management Department Govt. of Arunachal Pradesh Civil Secretariat Itanagar 791111 Page No.# 42/48 4:The Secretary (Land Management) Age: 0 Occupation : Address:Land Management Department Govt. of Arunachal Pradesh Civil Secretariat Itanagar 791111 5:The Secretary (Civil Aviation) Age: 0 Occupation : Address:Govt. of Arunachal Pradesh Civil Secretariat Itanagar 791111 6:The Airports Authority of India Age: 0 Occupation : Address:Represented by its Chairman Rajiv Gandhi Bhavan Safdarjung Airport New Delhi 110003 7:The Regional Executive Director Age: 0 Occupation : Address:(North Eastern Region) Airports Authority of India Regional Headquarters (North Eastern Region) LGBI Airport Guwahati 781015 8:The Deputy Commissioner cum District Collector Age: 0 Occupation : Address:Papum Pare District Yupia Arunachal Pradesh PIN 791112 9:The District Land Revenue and Settlement Officer Age: 0 Occupation : Address:Yupia District Papum Pare Arunachal Pradesh Page No.# 43/48 PIN 791112 ------------ Advocate for : Parswajyoti Das Nair Advocate for : Marto Kato appearing for THE UNION OF INDIA and 8 Ors.: Advocate , , appearing for 2,3,4,5,6, 7,8,9, respectively. :::BEFORE::: HON’BLE MR. JUSTICE NELSON SAILO JUDGMENT & ORDER (Oral) Dated: 17.09.2025 Heard Mr. P. D. Nair, learned counsel for the petitioners in WP(C) No.294(AP)2024; WP(C) No.193(AP)2022; and WP(C) No.174(AP)2024 and Mr. L. Perme, learned counsel for the petitioner in WP(C)455(AP)2024. I have also heard Mr. M. Kato, learned Dy.S.G.I. for the Union of India respondents including the Airport Authority of India and Mr. R. H. Nabam, learned Additional Advocate General for the State respondents. The issues involved in all these four writ petitions being similar, they have been clubbed together and are being disposed of by this common order. 2. It is the case of the petitioners that their respective lands have been acquired by the State Government for the purpose of establishing an Airport, and that their lands fall within Hollongi, Papum Pare District, Arunachal Pradesh. Although an appropriate notification under the Land Acquisition Act, 1894 had been issued in the year 2013, but since no follow-up action was taken, the acquisition proceeding lapsed. Subsequently, with the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act of 2013”). The respondent authorities concerned have again initiated the process of land acquisition by issuing notifications under Sections 11(1), 19 and 40 of the Act of 2013 on 11.01.2019, 18.01.2019 and 18.01.2019 respectively. Consequently, the petitioners were paid compensation, but without solatium. According to the Page No.# 44/48 petitioners, since award was not made in the true sense of the term, they could not file a reference under Section 64 of the Act of 2013 and, therefore, having no alternative they are before this Court by filing their respective writ petitions under Article 226 of the Constitution of India. 3. Mr. P. D. Nair, learned counsel for the petitioners submits that there was no proper assessment of the market value of the petitioners’ plots of land, as required under Section 26 of the Act of 2013, and further, the value of crops and assets attached to their land and buildings were not properly assessed as determined under Section 27 of the said Act. He further submits that Section 30 of the Act mandates payment of 100% solatium to the landowners whose land has been acquired, but the same also has not been paid. The learned counsel submits that the petitioners are in fact entitled to additional compensation of 75% of the total compensation to be determined under Section 27 of the Act, in terms of Section 40(5) thereof. Further, petitioners are also entitled to payment of interest in terms of Section 80 of the same Act. The learned counsel also submits that whereas, in the case of the acquisition of land for the National Disaster Response Force (NDRF) and the Power Grid in the year 2015 and 2016 respectively, the lands were acquired at the market value of Rs. 507 per. Sq. Mtr., and all that is due to the landowners under the provisions of the Act of 2013, as mentioned in the First Schedule of the Act of 2013, have been duly paid to them. However, in the case of the petitioners, a Committee was constituted which recommended payment of compensation at a rate which is much lower than what was paid to the landowners for acquisition of the land for the NDRF and the Power Grid. The learned counsel further submits that from the recommendation made by the constituted Committee, it can be seen that the land of the petitioners are situated adjacent to the land which was acquired for the NDRF and the Power Grid in Hollongi, and therefore, the market value of the land of the petitioners cannot be anything less than Rs.507 per Sq. Mtr. 4. The learned counsel, therefore, submits that the respondent authorities concerned may be directed to pass an award under the Act of 2013, in terms of the relevant provisions, by providing solatium, interest and all other benefits that would be entitled to the petitioners. 5. Mr. L. Perme, learned counsel appearing for the petitioner in WP(C) No. 455(AP) of Page No.# 45/48 2024, submits that he adopts the argument made by Mr. P. D. Nair, learned counsel and further submits that the respondent authorities should be directed to make an award strictly in accordance with the provisions of the Act of 2013, and to extend all the benefits contemplated to the petitioners. 6. Mr. M. Kato, learned Dy.S.G.I. submits that he is yet to receive instructions in the matter and, submits that he may be given some more time to obtain the same. He, however, submits that from the award annexed to the counter-affidavit filed by the State respondents, the petitioners have been paid their due compensation and, therefore, the interference of this Court at this stage is not called for. 7. Mr. R. H. Nabam, learned Addl. Advocate General submits that the preliminary land acquisition notification for construction of the Greenfield Airport at Hollongi was published on 13.02.2013 and the final notification was issued on 17.10.2014. However, the land acquisition for Greenfield Airport at Hollongi could not be completed within the stipulated time due to a series of litigations pending before the Court. Subsequently, all the pending cases were disposed of in favor of the State Government. The State Government then constituted an 11 (eleven) member Committee headed by the Minister of Land Management to examine the actual landowner, status of land, land rates etc. The Committee, in consultation with all the stakeholders and also taking into account all the relevant factors in determining a justified rate, amongst others, submitted its report to the Government for final approval. Then the State Cabinet, in its meeting held on 10.05.2018 approved the recommendation of the Committee to acquire the land at Hollongi for the Greenfield Airport. Therefore, it cannot be said that proper assessment was not done for payment of adequate compensation. The acquisition made for the Power Grid and the NDRF cannot be compared, since the location and other factors are not similar. The learned Additional Advocate General also submits that as per the report of the Committee, the amount of compensation for land was recommended to be assessed at 50% of the earlier fixed land value, which was at a tune of Rs.507 per Sq. Mtr. On the said amount, solatium at a rate of 100% is to be added for payment to the affected families. He, therefore, submits that the same goes to show that solatium has also been included towards compensating the landowners. He thus submits that at this stage, the Page No.# 46/48 Court may not interfere in the matter, having regard to the fact that the parties have been duly compensated. 8. I have considered the submissions made by the learned counsel for the rival parties, and I have also perused the materials available on record. 9. The State respondents have filed their affidavit-in-opposition, wherein a copy of the order dated 02.02.2019 has been annexed, which, according to them, is the award made by the District Collector concerned. A perusal of the same goes to show that a notification under Section 11(1) of the Act of 2013 was published on 11.01.2019. Thereafter, a notification under Section 19 was published on 18.01.2019. 10. It may be seen that Section 21(2) of the Act of 2013 provides that the public notice as referred to in sub-section (1) of Section 21 shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than 30 (thirty) days and not more than 6 (six) months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made under section 20. However, as already stated, after notification under Section 11 (1) was published on 11.01.2019 and notification under Section 19 on 18.01.2019, the order dated 02.02.2019 was issued, requiring the landowners to approach the Collector along with proof of their identity and address and collect their respective compensation amount. The order dated 02.02.2019, although refers to Section 40 of the Act of 2013, which provides special powers in case of urgency to acquire land in certain cases and thereby, requiring the Collector to tender payment of 80% of the estimated compensation before taking possession of any land, the petitioners have contended that no such amount has been paid to them prior to taking possession of their land. It may also be noted that in view of the invocation of the urgency clause, an additional compensation of 75% of the total compensation, as determined under Section 27 of the Act of 2013 has to be paid to the landowners in terms of Section 40(5) of the Act of 2013. According to the petitioners, this additional amount has not been paid to Page No.# 47/48 them and the order dated 02.02.2019 also does not reflect as to how such compensation has been paid. 11. Further, the First Schedule of the Act of 2013 comprises the components of the minimum compensation package to be given to those whose lands have been acquired. The same includes the market value of the land, value of assets attached to the land and buildings, solarium, etc. It may be seen that in case of acquisition made for the NDRF as well as the Power Grid, the compensation has been worked out by the Collector in terms of the First Schedule, comprising of all the components that has been prescribed. The location of the acquired land is in Hollongi, and the market value has been determined at the rate of Rs.507 per Sq. Mtr. According to the State respondents, the constituted Committee submitted its report which was subsequently acted upon after receiving approval from the State Cabinet. It may be seen that at Serial No.8 of the summary of the report under the heading “Additional facts placed before the committee by Deputy Commissioner, Yupia and the DLR&SO, Yupia”, it has been specifically stated that the land in the same locality at Hallongi was acquired during the year 2015 for NDRF and during the year 2016 for the Power Grid, and the market value of the land had been worked out at Rs. 507 per Sq. Mtr. The chart that has been prepared in this regard also indicates that 100% solatium had been given. Therefore, This Court finds that there is substance in the claim made by the petitioners and that, they cannot be deprived of their due share of compensation, which should be worked out in terms of the Act of 2013. Since their lands have been acquired around the same time as those acquired for the NDRF and the Power Grid, it would only be justified if the land of the petitioners are acquired at the same market value and also granted the solatium and interest, as mandated in the Act of 2013, and as provided in the First Schedule thereto. 12. Under the facts and circumstances, the Court is of the considered view that there is merit in the writ petitions and accordingly, the District Collector, Papum Pare District, is directed to make a fresh award in terms of the provisions of the Act of 2013, and as provided in the First Schedule thereto, including the components such as the market value, solatium and interest and additional compensation as contemplated under Section 40(5) of the Act, less the amount already paid to the petitioners, within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. As observed earlier, the Collector would take the Page No.# 48/48 market value at Rs.507/- per Sq. Mtr. for making the assessment. 13. It is provided herein that, in making such an assessment, the District Collector shall comply with all the formalities as may be found necessary in this regard. Once the assessment is made by the Collector concerned within the aforesaid time, the same shall be forwarded without delay to the State Government for its approval and the approval should be given preferably within 6(six) weeks of receipt of the award. The approval shall then be forwarded to the Ministry of Civil Aviation, Government of India, for arrangement of necessary funds. The Ministry shall make the arrangements for fund as expeditiously as possible, and in any case, within a period of 3 (three) months from the date of receipt of the approved award. Upon the fund being sanctioned by the Civil Aviation Ministry or the sanctioning authority, the same shall be deposited before the District Collector, Papum Pare District, Arunachal Pradesh, without delay, for disbursement to the beneficiaries. 14. With the above observations and directions, the writ petitions are disposed of, leaving the parties to bear their own cost. JUDGE Comparing Assistant