Page No.# 1/14 GAHC040005202025 2026:GAU-AP:362 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/152/2025 Kabom Burang and 10 Ors Son of Shri Nobeng Burang, Moying Village, PO and PS Jengging, Upper Siang District, Arunachal Pradesh. 2: Tukbeng Nobeng Age: Occupation : Son of Shri Amon Nobeng Moying Village PO and PS Jengging Upper Siang District Arunachal Pradesh. 3: Smti Kumang Nangkar Age: Occupation : Daughter of Mesa Nangkar Moying Village PO and PS Jengging Upper Siang District Arunachal Pradesh. 4: Komsi Nangkar Age: Occupation : Son of Shri Nami Nangkar Moying Village PO and PS Jengging Upper Siang District Arunachal Pradesh. 5: Banom Patuk Age: Occupation : Page No.# 2/14 Son of Shri Amo Putak Moying Village PO and PS Jengging Upper Siang District Arunachal Pradesh. 6: Geni Nangkar Age: Occupation : Son of Shri Adun Nangkar Moying Village PO and PS Jengging Upper Siang District Arunachal Pradesh. 7: Smti Oyon Modi Age: Occupation : Daughter of Late Kamut Modi Camp Yingkiong PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 8: Dungo Epir @ Dunggo Yipir Age: Occupation : Son of Shri Okom Epir @ Yipir Gette Village PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 9: Oni Modi Age: Occupation : Son of Shri Olik Modi Camp Yingkiong Town PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 10: Smti Gebimang Modi Age: Occupation : Daughter of Oni Modi Camp Yingkiong Town PO and PS Yingkiong Page No.# 3/14 Upper Siang District Arunachal Pradesh. 11: Smti Jopi Eshi @ Jopi Eshi Modi Age: Occupation : Daughter of Tojo Eshi Camp Yingkiong Town PO and PS Yingkiong Upper Siang District Arunachal Pradesh VERSUS The State of AP and 5 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Secretary Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 3:The Director of Land Management Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 4:The Deputy Commissioner Age: 0 Occupation : Yingkiong Upper Siang District Arunachal Pradesh. 5:The Chairman Age: 0 Occupation : Land Compensation Committee duly constituted by the Deputy Commissioner Yingkiong Upper Siang District Arunachal Pradesh for C/o Yingkiong-Moying BRO Road from 0.00 km to 4.5 Kms including Byorung bridge as per the strip plan provided by the Border Road Organization. 6:The Union of India Age: 0 Page No.# 4/14 Occupation : represented through Officer Commandant 1448 BCC Tuting PIN 930761 C/o 99 APO Tuting Upper Siang District Arunachal Pradesh Advocate for the Petitioner : Tabit Tapak, Bebeng Siboh,Aso Dalbong Advocate for the Respondent : GA (AP), DSGI,Marto Kato Linked Case : WP(C)/586/2024 Tago Jijong and 33 Ors Age: 55 Occupation : Address:Son of Liten Jijong Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 2: Oken Modi Age: 49 Occupation : Address:Son of Late Olik Modi Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 3: Oken Tasin Age: 37 Occupation : Address:Son of Late Aker Tasin Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 4: Okit Yaro Age: 37 Occupation : Page No.# 5/14 Address:Son of Shri Otem Yaro Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 5: Onyang Teng Age: 69 Occupation : Address:Son of Late Ahan Teng Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 6: Okep Teng Age: 50 Occupation : Address:Son of Late Apo Teng Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 7: Onit Lipir Age: 39 Occupation : Address:Son of Operation Lipir Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 8: Ojing Pangkam Age: 40 Occupation : Address:Son of Late Bedang Pangkam Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 9: Otem Yaro Age: 70 Occupation : Address:Son of Late Okit Yaro Village Gette PO and PS Yingkiong Page No.# 6/14 Upper Siang District Arunachal Pradesh. 10: Oheng Yaro Age: 72 Occupation : Address:W/o Otem Yaro Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 11: Orik Yaro Age: 51 Occupation : Address:Son of Penan Yaro Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 12: Duty Modi Age: 51 Occupation : Address:Son of Oni Modi Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 13: Ototy Teng Age: 59 Occupation : Address:Son of Late Amok Teng Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 14: Oniram Tasin Age: 28 Occupation : Address:Son of longong Tasin Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. Page No.# 7/14 15: Kaling Jijong Age: 27 Occupation : Address:Son of Gegong Jijong Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 16: Tanyong Jijong Age: 32 Occupation : Address:Son of GegongJijong Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 17: Kato Jijong Age: 29 Occupation : Address:Shri Tago Jijong Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 18: Kabang Jiji Age: 36 Occupation : Address:Son of Gemin jiji Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 19: Gekom Jiji Age: 32 Occupation : Address:Son of Kebo Jiji Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 20: Smti Yaken Teng Age: 43 Occupation : Page No.# 8/14 Address:Wife of Late Bading Teng Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 21: Onga Teng Age: 34 Occupation : Address:Son of Pelom Teng Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 22: Gegong Jijong Age: 66 Occupation : Address:Son of Late Alo Jijong Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 23: Jonai Tasin Age: 53 Occupation : Address:Son of Late Jonggong Tasin Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 24: Smti Nilima Tasin Age: 45 Occupation : Address:Wife of Mewang Kungkho Village Laktong PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 25: Avinash Panggam Age: 53 Occupation : Address:Son of Kokom Panggam Village Gette PO and PS Yingkiong Page No.# 9/14 Upper Siang District Arunachal Pradesh. 26: Smti Olak Boli Age: 52 Occupation : Address:Wife of Shri Pakkeng Boli Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 27: Smti Amti Panggam Age: 44 Occupation : Address:Wife of Avinash Panggam Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 28: Smti Bhanumoty Modi Age: 51 Occupation : Address:Wife of Late Atong Modi Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 29: Nyonyong Teng Age: 36 Occupation : Address:Son of Late Pilo teng Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 30: Smti Atam apang Age: 74 Occupation : Address:Wife of Late Akin Apang Village Yingkiong PO and PS Yingkiong Upper Siang District Arunachal Pradesh. Page No.# 10/14 31: Smti Oyem Teng Age: 58 Occupation : Address:Wife of Late Dudum Teng Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 32: Odari Epir Age: 43 Occupation : Address:Son of Late Kajam Epir Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 33: Dubom Teng Age: 39 Occupation : Address:Son of Late Dudum Teng Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 34: Smti Dupin Panggam Age: 38 Occupation : Address:Son of Akkong Panggam Village Gette PO and PS Yingkiong Upper Siang District Arunachal Pradesh. VERSUS The State of AP and 5 Ors Age: 0 Occupation : Address:represented by the Chief Secretary Govt of Arunachal Pradesh Itanagar. 2:The Secretary Land management Age: 0 Occupation : Address:Govt of Arunachal Pradesh Itanagar. Page No.# 11/14 3:The Director of Land Management Age: 0 Occupation : Address:Govt of Arunachal Pradesh Itanagar. 4:The Deputy Commissioner Age: 0 Occupation : Address:Yingkiong Upper Siang District Arunachal Pradesh. 5:The Chairman Age: 0 Occupation : Address:Land Compensation Assessment Committee duly constituted by the Deputy Commissioner Yingkiong Upper Siang District Arunachal Pradesh for C/o Yingkiong-Moying BRO Road from 0.0 KM to 4.5 Kms including Byorung Bridge. 6:The Union of India Age: 0 Occupation : Address:represented through Officer Commandant 1448 BCC Tuting PIN 930761 C/o 99 APO Tuting Upper Siang District Arunachal Pradesh. ------------ Advocate for : Tabit Tapak Advocate for : GA (AP) appearing for The State of AP and 5 Ors: Advocate , , , , , appearing for 2, 3, Page No.# 12/14 4, 5, 6, respectively. :::BEFORE::: HON’BLE MR. JUSTICE KARDAK ETE JUDGMENT & ORDER (Oral) 09.04.2026 Heard Mr. T. Tapak, learned counsel for the petitioners. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondents and Mr. T. Meto, learned counsel appearing on behalf of Mr. M. Kato, learned Dy.S.G.I. for the Union of India. 2. The petitioners, altogether 45 in numbers, who are the project affected families (PAFs), are aggrieved by the re-assessment of compensation in respect of the land acquired for construction of the road from Yingkiong to Moying (0.00 Km to 4.5 Km) in the district of Upper Siang, Arunachal Pradesh, whereby the earlier assessed compensation of Rs.20,91,20,551/-(Rupees Twenty Crore Ninety One Lakh Twenty Thousand Five Hundred Fifty One only) has been reduced to Rs.7.70,69,271/- (Rupees Seven Crore Seventy Lakh Sixty Nine Thousand Two Hundred Seventy One only). 3. Having considered the similitude of the grievances of the petitioners, these writ petitions are heard and disposed of by this order. 4. It is the contention of the petitioners that an amount of Rs.20,91,20,551/- was assessed for payment of compensation to the project affected families including the petitioners, which included compensation towards land and assets Page No.# 13/14 as negotiated by the respondent authorities with the landowners. It is further contended that while the petitioners were awaiting payment of the said assessed amount of Rs.20,91,20,551/- on the instruction of the Secretary (Land Management), Government of Arunachal Pradesh, the compensation amount has been illegally and arbitrarily reduced to Rs.7.70,69,271/- without affording any opportunity of hearing to the petitioners. The petitioners have filed a representation before the Deputy Commissioner, Upper Siang District, Yingkiong, ventilating their grievance regarding reduction of the compensation amount from Rs.20,91,20,551/-(Rupees Twenty Crore Ninety One Lakh Twenty Thousand Five Hundred Fifty One only) to Rs.7.70,69,271/- (Rupees Seven Crore Seventy Lakh Sixty Nine Thousand Two Hundred Seventy One only). 5. Mr. Tapak, learned counsel for the petitioners, submits that since the grievance of the petitioners has not been considered by the respondent authorities, an appropriate direction may be issued directing the respondent authorities to consider and dispose of the representation of the petitioners. 6. Mr. N. Ratan, learned Addl. A.G. for the State respondents, while referring to the provisions of the Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 (as amended by the Amendment Act, 2024), submits that an alternative remedy is available to the petitioners, which they may avail by filing an appropriate petition under Section 17 of the said Act. Therefore, he submits that the writ petitions may be disposed of with a direction to the petitioners to avail the remedy as provided under law. 7. The petitioners are the affected landowners consequent to the acquisition of land for construction of road from Yingkiong to Moying. The land has been acquired under Section 10 of the Balipara/Tirap/Sadiya Frontier Tract Jhum Land Page No.# 14/14 Regulation, 1947. It provides that the Government may acquire any jhum land required for a public purpose, however, no formal acquisition proceedings shall be necessary but an opportunity shall be given to those having rights in the land to show cause against such acquisition and reasonable compensation shall be paid. 8. It is seen that for the acquired land, compensation was initially assessed at Rs.20,91,20,551/-. However, subsequently, upon verification, the assessed amount has been reduced to Rs.7.70,69,271/-, which appears to have been done without affording any opportunity of hearing to the petitioners. The law requires that if an assessment is sought to be verified or revised, a reasonable opportunity of hearing must be provided to the project affected families. 9. Having considered that no opportunity of hearing was given to the petitioners before re-assessing the amount of compensation and as agreed to by the parties, I deem it appropriate to dispose of these writ petitions with a direction to the petitioners to file a fresh representation before the appropriate authority. Accordingly, it is provided that the petitioners shall file a fresh representation before the Commissioner (Land Management), Government of Arunachal Pradesh. Thereafter, the Commissioner (Land Management) shall consider and dispose of the representation after providing an opportunity of hearing to the petitioners, within a period of 90 (ninety) days from the date of receipt of the representation, in accordance with law. 10. With the above, the writ petitions stand disposed of. JUDGE Comparing Assistant