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2025 DAILYLAW 4828 (GAU)

Tali Yorme and 60 Ors v. The State of AP and 5 Ors

WP(C)/407/2024 · 2025-06-29

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/14 GAHC040012062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/407/2024 Tali Yorme and 60 Ors Son of Shri Tado Yorme, resident of Lipo village, PO and PS Tato, Shi Yomi District, Arunachal Pradesh 2: Kiran Rinya Age: Occupation : Son of Shri Tachuk Rinya resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 3: Chandan Rinya Age: Occupation : Son of Tachuk Rinya resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 4: Talam Yorme Age: Occupation : Son of Tado Yorme resident of Lido village PO and PS Tato Shi Yomi District Arunachal Pradesh. 5: Tapik Hiba Age: Occupation : Son of Late Tami Hiba Page No.# 2/14 resident of Yapo Village PO and PS Tato Shi Yomi District Arunachal Pradesh. 6: Sunil Yorme Age: Occupation : Son of Tali Yorme resident of Hone PO and PS Tato Shi Yomi District Arunachal Pradesh. 7: Thomas Yuto Age: Occupation : Son of Tadik Yuto resident of Hone PO and PS Tato Shi Yomi District Arunachal Pradesh. 8: Shankar Rinya Age: Occupation : Son of Late Kadu Rinya resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 9: Miss Mary Kiri Age: Occupation : Daughter of Late Talam Kiri resident of Irgo Village PO and PS Tato Shi Yomi District Arunachal Pradesh. 10: Miss Asang Kiri Age: Occupation : Daughter of Late Talam Kiri resident of Irgo Village PO and PS Tato Shi Yomi District Page No.# 3/14 Arunachal Pradesh. 11: Tamaer Tame Age: Occupation : D/o of Late Talam Kiri resident of Irgo village PO and PS Tato Shi Yomi District Arunachal Pradesh. 12: Anjan @ Anjom Rinya Age: Occupation : Son of Tachuk Rinya resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 13: Smti Yanya Rinya Age: Occupation : Wife o Shankar Rinya resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 14: Smti Millo Rinya Age: Occupation : Wife of Chandan Rinya resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 15: Lipor Ragyor Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 16: Tajin Ruchi Age: Page No.# 4/14 Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 17: Lipo Ruchi Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 18: Nyaga Koje Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 19: Kumar Ragyor Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 20: Yane Ragyor Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 21: Smti Yabor Rakshap Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 22: Ramesh Ragshap Age: Page No.# 5/14 Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 23: Smti Yatum Ragshap Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 24: Smti Jujum Ragshap Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 25: Miss Juna Ragshap Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 26: Tasa Rakshap @ Ragshap Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 27: smti Yaka Jida Mosing Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 28: Anil Rinya Age: Page No.# 6/14 Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 29: Joji Rinya Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 30: Smti Yade Jida Pusang Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 31: Botha Ragshap Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 32: Tashak Yorme Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 33: Smti Yape Jida Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 34: Smti mane Takshap Age: Page No.# 7/14 Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 35: Tadik Dupit Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 36: Tachuk Rida Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 37: Smti Api Riyang Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 38: Raju Mosing Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 39: Smti YAge Puying Hiba Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 40: Smti Yasha Rakshap Age: Page No.# 8/14 Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 41: Smti Rati Puchung Hiba Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 42: John Hiba Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 43: Tonya Hiba Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 44: Talong Puying Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 45: Lipo Talar Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 46: Tajon Koje Age: Page No.# 9/14 Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 47: Tako Koje Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 48: Padu Kiri Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 49: Tapi Kiri Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 50: Tachuk Tangu Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 51: Menon Ragmuk Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 52: Sumila Ragmuk Age: Page No.# 10/14 Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 53: Jhonson Ragmuk Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 54: Tajum Jida Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 55: Sanu Pinggam Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 56: Tame Rinya Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 57: smti Yanya Rinya Age: Occupation : Wife of Kaling Darung resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 58: Jarbum Hiba Page No.# 11/14 Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 59: Roman Hiba Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 60: Libi Koje Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 61: Raju Kamdong Age: Occupation : resident of Tato PO and PS Tato Shi Yomi District Arunachal Pradesh VERSUS The State of AP and 5 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Secretary Age: 0 Occupation : Land Management Govt of Arunachal Pradesh Itanagar. 3:The Director of Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. Page No.# 12/14 4:The Deputy Commissioner Age: 0 Occupation : Tato PO and PS Tato Shi Yomi District Arunachal Pradesh. 5:The Director General Border Roads Age: 0 Occupation : Seema Sadak Bhawan Ring Road Naraina Delhi Cantt New Delhi 110010 6:The Commanding Officer Age: 0 Occupation : 92 RCC (GREF) at km 8 Thumbin on Kaying Tato Raod Siang District Arunachal Pradesh. 79100 Advocate for the Petitioner : Sunil Mow, Sonam Tsomo,Tado Siga,Chanya Bangsia,Aruna Rai,Reken Ingo Advocate for the Respondent : GA (AP), Takam Sunil,Marto Kato,DSGI,SC (Land Management),Dugmar Kamduk B E F O R E HON’BLE MR. JUSTICE KARDAK ETE ORDER 30.06.2025 Heard Mr. R. Ingo, learned counsel for the petitioners. Also heard Ms. G. Ete, learned Addl. Sr. Govt. Advocate for State respondent Nos. 1 to 3 and Ms. Y. Gao, learned counsel appearing on behalf of Mr. M. Kato, learned DSGI for respondent Nos. 5 & 6. 2. On the consent of the learned counsel for the parties and with an Page No.# 13/14 agreement that the grievance of the petitioners raised in the present writ petition is covered by the judgment and order dated 14.08.2024 passed in a batch of writ petition leading being WP(C) 3/2023, this present writ petition is heard and disposed of at the motion stage itself. 3. The petitioners, 61 (sixty one) in numbers claim to be the land owners and other assets on the area from Pene village to Tato, are aggrieved by the action of the respondent authorities for non- consideration of the claim of the petitioners for payment of compensation for houses and other assets. The rejection of the claim of the petitioners is on the ground that it violates the Public Notice issued by the Deputy Commissioner, Shi-Yomi dated 29.03.2021, wherein, it was notified that any construction after 31.01.2021 would not be considered while computing the compensation amount. 4. The authorities initiated land acquisition proceeding for construction of road from Pene village to Tato for which a notification was issued on 24.05.2022 by the Deputy Commissioner, Shi-Yomi district under Section 10 of the Balipara/Tirap/Sadiya, Frontier Tract Jhumland Regulation, 1947. 5. It is the contention of the petitioners that since the notification for acquisition of the land was issued on 24.05.2022, the ground of rejection of the claim of the petitioners that a Public Notice was issued on 29.03.2021 is not sustainable, as according to the petitioners any violation of such Public Notice must be anterior and not prior to notification for land acquisition dated 24.05.2022. It is not disputed that the public notification issued by the Deputy Commissioner, Shi-Yomi district was on 29.03.2021 and the notification for acquisition of the land was on 24.05.2022. Page No.# 14/14 6. Having considered the submissions of the learned counsel for the parties and on perusal of the materials available on records including the judgment and order of a Coordinate Bench of this Court dated 14.08.2024, this Court is in complete agreement with the judgment and order dated 14.08.2024 passed by the Coordinate Bench. The learned counsel for the parties are also in agreement with that the judgment and order dated 14.08.2024 is squarely covered the grievances raised by the petitioners in the present petition. 7. In view of above, I am of the view that since the judgment and order dated 14.08.2024 is squarely covered with the case of the petitioners in the present writ petition, I deem it appropriate to dispose of the present writ petition without reiterating the findings of the Coordinate Bench to which this Court is in full agreement. Thus, similar relief be extended to the petitioners as has been granted by this Court to the petitioners of that case vide judgment and order dated 14.08.2024. 8. With the above observation and direction, the present writ petition stands disposed of. JUDGE Comparing Assistant