Page No.# 1/29 GAHC040016242024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/231/2024 The Union of India and 3 Ors Ministry of Defense, represented by the Defense Secretary, 101-A South Block, New Delhi 110011 2: The Director General of Defense Estates Age: Occupation : Raksha Sampada Bhawan Ullan Baatar Marg Delhi Cantonment 3: The Principal Director of Defense Estates Age: Occupation : Eastern Command (PDDEEC) AC 4 4/1 Belvedere Road 1st and 2nd Floor Alipore Kolkata West Bengal. 4: The Defense Estates Officer Age: Occupation : Itanagar Papum Pare District Arunachal Pradesh 79111 VERSUS T Migo Basar and 103 Ors Son of Late Tomi Basar, resident of Village Nyigam, PO and PS Basar, Leparada District, Arunachal Pradesh. 2:Gomi Bam Page No.# 2/29 Age: 0 Occupation : Son of Kargo Bam and Hempu Bam Bam Village Leparada District Arunachal Pradesh. 3:Seni Riba Age: 0 Occupation : Son of Late Karsen Riba H/o Dakter Riba Kadi Village PO and PS Basar Leparada District Arunachal Pradesh. 4:Migo Bam Age: 0 Occupation : Son of Late Gomni Bam and Tobin Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 5:Monya Bam Age: 0 Occupation : Son of Late Karmo Bam and Chiyum Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 6:Marli Bam Age: 0 Occupation : Son of Late Yimar Bam and Yabe Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 7:Moken Bam Age: 0 Occupation : Son of Late Limo Bam and Yumnbe Bam Page No.# 3/29 Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 8:Tomo Bam Age: 0 Occupation : Son of Late Ito Bam and Pakpu Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 9:Tabom Bam Age: 0 Occupation : Son of Late Nyolin Bam and Dobi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 10:Tomi Bam Age: 0 Occupation : Son of Late Ito Bam and Pakpu bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 11:Smti Kapu Bam Age: 0 Occupation : Wife of Tomo Bam and Yalar Natam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 12:Mari Bam Age: 0 Occupation : Son of Late Bommar Bam and Nyonya Bam Bam Village PO and PS Basar Leparada District Page No.# 4/29 Arunachal Pradesh. 13:Mojum bam Age: 0 Occupation : Son of Late Karmo Bam and Rime Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 14:Tope Bam Age: 0 Occupation : Son of Late Goto Bam and Marme Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 15:Gegam Bam Age: 0 Occupation : Son of Late Large Bam and Marpe Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 16:Markar Bam Age: 0 Occupation : Son of Late Tomar Bam and Doi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 17:Marpe Bam Age: 0 Occupation : Son of Late Gomar Bam and Marde Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 18:Jobom Bam Page No.# 5/29 Age: 0 Occupation : Son of Tojo Bam and Bomme Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 19:Eli Bam Age: 0 Occupation : Son of Late Goi Bam and Marbi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 20:Smti Karpok Bam Age: 0 Occupation : Shri Miken Bam Shri Marto Bam and Karme Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 21:Jumnya and Jumdak Bam Age: 0 Occupation : Son of Late Binjum Bam and Nime Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 22:Karto Bam Age: 0 Occupation : Son of Late Ikar Bam and Liume Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 23:Tomi Bam Age: 0 Occupation : Page No.# 6/29 Son of Late Goto Bam and Hemme Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 24:Todak Bam Age: 0 Occupation : Okke MArkar Bam and Doi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 25:Gumken Bam Age: 0 Occupation : Son of Late Margum Bam and Tumbi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 26:Gedak and Gegum Bam Age: 0 Occupation : Son of Liken Bam and Maryo Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 27:Nuihar Bam Age: 0 Occupation : Son of Gonyi Bam and Tobi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 28:Nyage Bam Age: 0 Occupation : Son of Late Marko Bam and Reyir Bam Bam Village PO and PS Basar Page No.# 7/29 Leparada District Arunachal Pradesh. 29:Gamge Bam Age: 0 Occupation : Son of Late Yigam Bam and Yomngam Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 30:Ragme Bam Age: 0 Occupation : Son of Late Yirak Bam and Mibi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 31:Tabom Bam Age: 0 Occupation : Son of Late Moi Bam and Dingam Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 32:Yidak Bam Age: 0 Occupation : Son of Late Maryi Bam and Kargo Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 33:Dagli Bam Age: 0 Occupation : Son of Yidak Bam and Yibi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. Page No.# 8/29 34:Togo Riba Age: 0 Occupation : Son of Late Nyato Riba and Nyabi Riba Pale Village Po and PS Likabali Lower Siang District Arunachal Pradesh. 35:Marjum Bam Age: 0 Occupation : Son of Late Domar Bam and Yahen Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 36:Likar Bam Age: 0 Occupation : Son of Late Marli Bam and Chokpu Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 37:Tope Bam Age: 0 Occupation : Son of Late Ito Bam and Gobi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 38:Mogam Bam Age: 0 Occupation : Son of Late Limo Bam and Gobi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 39:Liyum Bam Age: 0 Occupation : Page No.# 9/29 Son of Late Moli Bam and Bapi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 40:Marpe Bam Age: 0 Occupation : Son of Late Gomar Bam and Jummnik Bam and Marjum Bam Son of Late momar Bam and Lipi bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 41:Markar Bam Age: 0 Occupation : Son of Late Tomar Bam and Doi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 42:Mardo Bam Age: 0 Occupation : Son of Bommar Bam and Tuyom Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 43:Miken Bam Age: 0 Occupation : Son of Late Emi Bam and Limi bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 44:Tai Bam Age: 0 Occupation : Son of Late Binki Bam and Mei Bam Bam Village Page No.# 10/29 PO and PS Basar Leparada District Arunachal Pradesh. 45:Tabom Bam Age: 0 Occupation : Son of Late Nyolin Bam and Dobi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 46:Ponya Bam Age: 0 Occupation : Son of Gumpo bam and Smti Yade Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 47:Goge Bam Age: 0 Occupation : Son of Late Yigo Bam and Renya Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 48:Marpe Bam Age: 0 Occupation : Son of Late Jummar Bam and Karme Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 49:Gumken Bam Age: 0 Occupation : Son of Late Equm Bam and Marchok Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. Page No.# 11/29 50:Toli Bam Age: 0 Occupation : Son of Late Yomto Bam and Kogam Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 51:Marli Bam Age: 0 Occupation : Son of Late Yimar Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 52:Tobom Bam Age: 0 Occupation : Son of Late Yito Bam and Liba Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 53:Tojo Bam Age: 0 Occupation : Son of Late Mito Bam and Gongam Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 54:Markar Bam Age: 0 Occupation : Son of Gomar Bam and Minpu Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 55:Gibom Bam Age: 0 Page No.# 12/29 Occupation : Son of Late Mogi Bam and Henjum Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 56:Karken Bam Age: 0 Occupation : Son of Late Gokar Bam and Nyabi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 57:Karmar Bam Age: 0 Occupation : Son of Late Mikar Bam and Mirik Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 58:Token Bam Age: 0 Occupation : Son of Late Yomto Bam and Kogam Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 59:Hendak Bam Age: 0 Occupation : Son of Mohen Bam and Gobom Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 60:Hento Bam Age: 0 Occupation : Son of Late Gohen Bam and Tonya Bam Bam Village Page No.# 13/29 PO and PS Basar Leparada District Arunachal Pradesh. 61:Geka Bam Age: 0 Occupation : Son of Lige Bam and Smti Dope Bam Wife of Lige Bam and Maryo Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 62:Jummar Bam Age: 0 Occupation : Son of Late Yijum Bam and Eme Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 63:Gamdo Bam Age: 0 Occupation : Son of Hengam Bam and Doter Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 64:Doli Bam Age: 0 Occupation : Son of Late Mido Bam and Limen Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 65:Yimar Bam Age: 0 Occupation : Son of Late Maryi Bam and Karyo Bam Bam Village PO and PS Basar Leparada District Page No.# 14/29 Arunachal Pradesh. 66:T Migo Basar Age: 0 Occupation : Son of Late Tomi Basar H/o Saraswati Basar Nyigam Village PO and PS Basar Leparada District Arunachal Pradesh. 67:Jumto Bam Age: 0 Occupation : Son of Late Dojum Bam and Dobom Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 68:Epe Bam Age: 0 Occupation : Son of Late Bai Bam and Marbi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 69:Mijum Bam Age: 0 Occupation : Son of Tomi Bam and Yinya Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 70:Smti Dopi Basar Age: 0 Occupation : Wife of Joto Bam and Ebi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. Page No.# 15/29 71:Henya Bam Age: 0 Occupation : Son of Late Gohen Bam and Gobin Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 72:Yomdo Bam Age: 0 Occupation : Son of Late Maryom Bam and Tobi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 73:Gemi Bam Age: 0 Occupation : Son of Goge Bam and Mari Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 74:Jummar Bam Age: 0 Occupation : Son of Late Yirjum Bam and Emen Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 75:Mato Bam Age: 0 Occupation : Son of Late Nime Bam and Mari Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 76:Peddo Bam Age: 0 Occupation : Page No.# 16/29 Son of Marpek Bam and Minyo bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 77:Yomto Bam Age: 0 Occupation : Son of Late Dojum Bam and Bimar Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 78:Jumdak Bam Age: 0 Occupation : Son of Late Dojum Bam and Bimar Bam Son of Late Gobi Bam and Dobom Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 79:Dagli Riba Age: 0 Occupation : Son of Late Marpak Riba and Yikir Bam Dipa Village PO and PS Likabali Lower Siang District Arunachal Pradesh. 80:Smti Dagnya Bam Age: 0 Occupation : Wife of Yomto Bam and Tomik bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 81:Smti Nyame Bam Age: 0 Occupation : Wife of Late Jummar Bam and Gumsen bam Bam Village Page No.# 17/29 PO and PS Basar Leparada District Arunachal Pradesh. 82:Jumgo Bam Age: 0 Occupation : Son of Late Dojum Bam and Dobom Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 83:Tomi Bam Age: 0 Occupation : Son of Late Goto Bam and Tope Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 84:Kargo Bam Age: 0 Occupation : Son of Late Gokar Bam and Nyamo Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 85:Marli Bam Age: 0 Occupation : Son of Gammar Bam and Mibom Siram Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 86:Linsen Bam Age: 0 Occupation : Son of Late Nyolin Bam and Tabom Bam and Dobi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. Page No.# 18/29 87:Epe Bam Age: 0 Occupation : Son of Late Bai Bam and Marbi Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 88:Gomi Bam Age: 0 Occupation : Son of Late Kargo Bam and Riyo Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 89:Kari Bam Age: 0 Occupation : Son of Late Bakar Bam and Chogrik Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 90:Smti Yara Bam Age: 0 Occupation : Wife of Nyakar Bam and Yamnak Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 91:Smti Kunyir Bam Age: 0 Occupation : Daughter of Yomto Bam and Dagnya Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 92:Hengo Bam Age: 0 Page No.# 19/29 Occupation : Son of Late Yihen Bam and Marken Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 93:Jumi Bam Age: 0 Occupation : Son of Late Majum Bam and Pare Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 94:Dagmo Bam Age: 0 Occupation : Son of Late Jumdak Bam and Mojum Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 95:Gomar Bam Age: 0 Occupation : Son of Late Hengo Bam and Markir Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 96:Toli Bam Age: 0 Occupation : Son of Late Ito Bam and Marchak Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 97:Smti Mari Bam Age: 0 Occupation : Wife of Goge Bam and Moter Bam Bam Village Page No.# 20/29 PO and PS Basar Leparada District Arunachal Pradesh. 98:Toi Bam Age: 0 Occupation : Son of Mato Bam and Gojum Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 99:Gobom Bam Age: 0 Occupation : Son of Late Migo Bam and Libar Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 100:Dakto Bam Age: 0 Occupation : Son of Late Jumdak Bam and Mojum Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 101:Dakkar Bam Age: 0 Occupation : Son of Late Jumdak Bam and Mojum Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. 102:Jumnya Bam Age: 0 Occupation : Son of Late Henjum Bam Bam Village PO and PS Basar Leparada District Arunachal Pradesh. Page No.# 21/29 103:The Deputy Commissioner Age: 0 Occupation : Basar Leparada District Arunachal Pradesh. 104:The Secretary Age: 0 Occupation : Land Management Govt of Arunachal Pradesh Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Yadab Doloi, Advocate for the Respondent : GA (AP), Bomyom Ori,SC (Land Management),Dugmar Kamduk BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 12.03.2025 Heard Mr. Y. Doloi, learned Senior Panel Counsel for the Govt. of India/applicants. Also heard Mr. B. Pathak, learned counsel for the respondent Nos. 1 to 102 and Mr. Y. Riram, learned Government Advocate for the State respondent No.103 [Dy. Commissioner, Leparada District, Basar]. 2. This application has been filed seeking a stay on the operation of the impugned Judgment and Award dated 19.10.2024, the consequential award dated 19.10.2024, and the amendment to the Judgment dated 30.10.2024, passed in Basar Reference Case No. 02/2024 by the learned Additional District & Sessions Judge, Leparada District, Basar, Arunachal Pradesh, until the pendency of the connected L.A. Appeal Page No.# 22/29 No. 1(AP)/2024. 3. It is submitted by Mr. Doloi, learned Senior Panel Counsel for the Government of India/applicants, that 537 acres of land were acquired for the establishment of the Corps Ammunition Point at Hime Pobdi Area under Bame Village. The land was acquired under Section 40 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (hereinafter referred to as the ‘LARR Act, 2013’) by invoking the urgency clause. Accordingly, compensation to the beneficiaries has already been paid: initially, 80% was paid, and subsequently, 20% was paid, i.e., 100% of the compensation was awarded to all beneficiaries. The land was acquired, after all necessary formalities had been observed. However, subsequently, one person suddenly appeared and, on the strength of a Power of Attorney, filed a reference case before the learned Additional District & Sessions Judge, Leparada, Basar. Subsequently, vide the impugned Judgment and Award dated 19.10.2024, the consequential award was passed by the said Court in Basar Reference Case No. 02/2024, by which the reference petition filed by the present respondent Nos. 1 to 102 (as applicants) was allowed, and enhanced compensation at the rate of Rs. 500/- per sqm. as horticultural land was awarded by the present proforma respondent No. 103/Dy. Commissioner at the rate of Rs. 150/- per sqm., with other statutory benefits such as a multiplication factor of 2 on market value, 100% solatium on the enhanced market rate, along with the interest rate of 12%. 4. He further submitted that the earlier compensation awarded was around 70 crores for all beneficiaries, but it has now been increased to more than 410 crores, which is an exorbitant amount that was arbitrarily awarded by the learned Additional District & Sessions Judge in connection with Basar Reference Case No. 02/2024. He raised the issue that the Power of Attorney itself is not acceptable because it is not registered as required under Section 17 of the Registration Act, 1908. Accordingly, he also stressed the relevant of Sections 32 and 33 of the Registration Act, 1908. At the Page No.# 23/29 same time, Mr. Doloi submitted that the power of attorney was also executed in favour of a deceased person, which is not acceptable. He further submitted that in the connected L.A. appeal, he presented these materials. Additionally, at the time of disbursing the compensation, a Deed of Acceptance was also prepared by the Dy. Commissioner/present respondent No.103, wherein all the landowners/beneficiaries had put their signatures along with their photographs. He also raised the issue that some signatures on the power of attorney do not tally with the signatures made on the Deed of Acceptance, and even in the case of a deceased person, the Power of Attorney was executed. He further stressed that at the time of receiving the compensation or executing the Deed of Acceptance, none of the landowners/beneficiaries raised any protest, and they accepted 100% of the compensation without objection. Hence, they do not possess any right to file a reference case before the learned Additional District & Sessions Judge after receiving the 100% compensation award. 5. Mr. Doloi, learned Senior Panel Counsel for the Government of India/applicants has submitted that even if it is accepted that there could be an enhancement of the compensation award, it cannot exceed 410 crores, and the learned Additional District & Sessions Judge committed a grave error in determining the market value and multiplication factor. He further submitted that the determination of market value under Section 26(1) of the 2013 Act is not possible when there is no free market value. It is precisely for this reason, among others, that the State Government notifies a floor price under Section 26(3) of the Act. While determining the floor price, the State Government applied the principle to determine market value by adopting the method provided under Section 26(1) of the said Act. However, the learned Additional District & Sessions Judge did not comply with these provisions and thus passed the award arbitrarily, resulting in an exorbitant amount. 6. He also submitted that at the time of the final hearing of the case, all these facts Page No.# 24/29 will be presented in detail before this court. However, at this stage, considering all aspects of the case, the appeal may be admitted, and necessary orders may be passed to stay the award passed by the learned Additional District & Sessions Judge in connection with Basar Reference Case No. 02/2024 until the disposal of the main appeal. He further submitted that the land was acquired for the construction of the Corps Ammunition Point, which is essential for the entire State. Hence, the Central Government/Union of India is not liable to pay any security dispute for the stay of the award granted by the learned Additional District & Sessions Judge in connection with Basar Reference Case No. 02/2024. 7. He further submitted that the power of attorney cannot be considered as an instrument of transfer regarding any right, title, or interest in immovable property. Rather, the power of attorney is the creation of an agency whereby the grantor authorizes the grantee to perform the specified acts on behalf of the grantor. It is also settled law that the power of attorney is revocable or terminable at any time unless made irrevocable. In support of his submission, he relied on the decision in the case of Syed Wasif Husain Rizvi vs. Hasan Raza Khan & 6 Others, reported in AIR 2016 Allahabad 52. At the same time, he further submitted that the power of attorney holder has no locus standi to claim any right over the property, etc. In this context, he relied on the decision passed by the Co-ordinate Bench in WP(C) 96(AP)/2017, dated 12.05.2017 [Peno Enterprises & Anr. vs. The State of Arunachal Pradesh & Others.], and emphasized paragraph 14 of the said judgment. He also referred to the decision of the Kerala High Court in WA No. 346/2010(E), dated 02.05.2012 [State of Kerala & Anr. vs. G. Sreedharan Nair]. 8. He further submitted that the power of attorney was filed in the names of the 102 beneficiaries without their knowledge and that the signatures of some of the beneficiaries do not match those on the power of attorney. At the same time, the power of attorney appears to have been executed in the name of a deceased person. Page No.# 25/29 Thus, based on these false documents, the reference case was filed, and the award was obtained by the beneficiaries. In this context, he also relied on the decision of the Hon'ble Supreme Court in the criminal appeal of Bhagwan Singh vs. State of U.P & Ors. and stressed on paragraph 29 of the said judgment. “29. To create or to assist creating false documents and to use them as genuine knowing them to be false in the Court proceedings, to falsely implicate somebody in the false proceedings filed in the name of the person who had no knowledge whatsoever about the same are the acts attributable to the offences punishable under the Bhartiya Nyaya Sanhita, 2023. They are also acts of frauds committed not only on the person sought to be falsely implicated and on the person in whose name such false proceedings are filed without his knowledge and consent, but is a fraud committed on the Courts. No Court can allow itself to be used as an instrument of fraud and no Court can allow its eyes to be closed to the fact that it is being used as an instrument of fraud. As held by this Court in V. Chandrasekaran & Anr. vs. Administrative Officer & Ors.4 (2019) 14 SCC 615 4 2012 (12) SCC 133 “The judicial process cannot become an instrument of oppression or abuse, or a means in the process of the court to subvert justice, for the reason that the court exercises its jurisdiction, only in furtherance of justice. The interests of justice and public interest coalesce, and therefore, they are very often one and the same. A petition or an affidavit containing a misleading and/or an inaccurate statement, only to achieve an ulterior purpose, amounts to an abuse of process of the court.” 9. He further submitted that the Government or a public servant is not required to furnish any security deposit as stated under Order 27 Rule 8 (A) of CPC and in that context, he also relied on a decision passed by the Punjab & Haryana High Court in Civil Revision No.3382/2012 (O&M) [State of UT, Chandigarh vs. Kulvir Kaur & Others]. He also submitted that the applicants are ready to deposit 10% of the enhanced amount for stay of the order/award passed in the Basar Reference Case No.02/2024. 10. On the other hand, Mr. Pathak, learned counsel for respondent Nos. 1 to 102, has submitted that the power of attorney is simply a contract and not a document compulsorily registrable under Section 17 of the Registration Act. However, it may come under Section 18 of the Registration Act, where registration is optional. He Page No.# 26/29 further submitted that there may be some minor variation in the signatures of the beneficiaries, as they are horticultural workers, and this part of the issue has already been discussed by the learned Additional District & Sessions Judge while passing the Judgment and Award dated 19.10.2024. 11. Further, he submitted that it is a fact that only one person had died at the time of awarding the compensation, but inadvertently, his name was included in the beneficiaries' list. On his behalf, his wife accepted the compensation, and apart from that, there were no other discrepancies in the power of attorney upon which the reference case was instituted. He further submitted that, instead of filing 102 separate reference cases, the attorney holder voluntarily filed the reference case on behalf of all the beneficiaries. Accordingly, the signatures were obtained, and the reference case was filed based on the power of attorney. Moreover, from the power of attorney itself, it is clear that it was executed by all the beneficiaries solely for the purpose of filing the reference case, and through this power of attorney, there was no transfer of property, etc., as alleged by the applicants. He further submitted that the learned Reference Court had already discussed all the issues in detail by relying on the decisions of various High Courts as well as the Hon’ble Supreme Court. 12. He further submitted that in response to the issue raised by the applicants regarding a protest at the time of accepting the compensation, the matter was rightly dealt with by the learned Additional District & Sessions Judge. The said Court specifically held in paragraph 62 of the judgment that “it is not specified whether such protest should be ‘verbal’ or ‘written,’ and the filing of an application under the reference itself can be considered a protest. 13. He also submitted that the Letter of Acceptance furnished by the applicants bears no signature of the Dy. Commissioner. In the final part of the letter of acceptance, the names, signatures, and photographs of the beneficiaries were attached. Therefore, the genuineness of the said letter of acceptance, which is relied Page No.# 27/29 upon by the applicants, is also questionable. 14. He further relied on several decisions passed by the Hon’ble Supreme Court as well as by this Court, wherein a stay was granted subject to the deposit of 50% of the enhanced compensation amount, with a liberty to withdraw the same. In this regard, he relied on the following decisions: i. 1995 Supp (3) SCC 539 [State of UP vs. Ratan Lal & Others]; ii. Appeal (Civil) No. 762/2008-Order dated 25.01.2008 [UP Avas Evam Vikas Parishad Vs. Durga Das & Ors.]; iii. (2014) 14 SCC 798 [Wajidmiya Abdul Rahman Saikh & Ors. vs. Maharastra Industrial Development Corporation]; iv. (2021) 2 SCC 477 [Nayara Energy Limited vs. State of Gujrat & Others]; v. (2022) SCC Online SC 1292 [Kazi Moinuddin Kazi Bashiroddin & Ors. vs. Maharashtra Tourism Development Corporation]; vi. (2022) 16 SCC 391 [NHAI vs. Sheetal Jaidev Vade & Ors.]; vii. 2022 SCC Online SC 1115 [Project Director, NHAI vs. Saraswatibai Chandrakant Shinde & Ors.]; viii. SLP (C) 9113/2016 - Order dated 01.07.2016 [Deputy Commissioner vs. Tipak Tayeng]; ix. LA Appeal No.1(AP)/2017 – Order dated 08.06.2017 [Union of India vs. Tipak Tayeng]; and x. SLP (C) Case No. 19181-19186/2023 dated 22.09.2023 [Union of India vs. Dorjee Khandu Chukla]. Page No.# 28/29 15. Mr. Doloi, learned Senior Panel Counsel for the Govt. of India/applicants has submitted that the earlier awarded amount was about 70 crores, and the subsequent enhanced amount is more than 410 crores. Accordingly, he submitted that if 50% of the awarded amount is paid and disbursed, it will not be possible to realize the said amount if the appeal is succeeded. However, he submitted that the government is ready to deposit 10% as a security deposit, but there should be no order for withdrawal of the disbursement until the disposal of the connected L.A. Appeal. 16. Considering the submissions made by the learned counsels for both sides, I have perused the annexures and the Judgment and Award dated 19.10.2024 passed by the learned Additional District & Sessions Judge in Basar Reference Case No. 02/2024. It is a fact that under the LARR Act, 2013, approximately 537 acres of land were acquired by the Central Government for the establishment of the Corps Ammunition Point, and it is also undisputed that all the beneficiaries had already been awarded 100% compensation, which has been accepted by them. However, all the beneficiaries, through a person, i.e., the attorney holder, protested against the awarded compensation, and thus, the reference case was filed before the learned Additional District & Sessions Judge. The said Court, after hearing both sides and considering all aspects of the case, passed an enhanced compensation award to the 102 beneficiaries. 17. Accordingly, raising some issues, the Union of India/applicants has approached this Court with the connected L.A. Appeal No.1(AP)/2024, alleging various issues that have already been discussed above. 18. Accordingly, until the disposal of connected L.A. Appeal No.1/2024, the impugned Judgment and Award dated 19.10.2024, the consequential award dated 19.10.2024, and the amendment to the Judgment dated 30.10.2024, passed by the learned Additional District & Sessions Judge, Leparada in Basar Reference Case No. 02/2024, shall stand stayed, subject to the condition that 50% of the enhanced Page No.# 29/29 amount awarded by the learned Reference Court shall be deposited within 3 months from the date of this order. The deposit shall be made before the Registry, i.e., Gauhati High Court, Itanagar Permanent Bench, Yupia, and the same shall be kept in fixed deposit by the Registry to secure the interest. No order for withdrawal/disbursement is passed at this stage. 19. With above observations, this interlocutory application stands disposed of. JUDGE Comparing Assistant