Kiri Dini Bogum vs Union of India and Ors.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Gau) 1031

Gauhati High Court
Indira Shah, J.
Kiri Dini Bogum - Appellant
Versus
Union of India and Ors. - Respondent
WP(C) No. 483(AP) of 2011
Decided On : 20-11-2014

Advocates:
For the Petitioner: Mr. Tony Pertin.
For the Respondents: Mr. K.R. Pathak, Mr. K. Ete and Ms. S.G. Sarmah.

Headnote:
Writ Petition - Land case - Compensation - Land in State, unlike other States of India, belongs to the people in private and community ownership basis unless acquire by the authorities or have been declared as reserved forest - Held, There is no mention, which method was adopted for determination of the loss or compensation - Whether the petitioners received the compensation without protest or whether they withdrew their affidavit filed to the affect that they are ready to accept the compensation without any protest, are disputed questions of facts - Whether the petitioner had any right, title or interests over the land or they had only traditional right of use over the forest land cannot be determined in a writ application under article 226 of the constitution of India, No ombudsman has been established as per R&R Policy - Petition dismissed.

1. Heard Mr. Tony Pertin, learned counsel for the petitioner. Also heard Mr. K. Etc, learned Addl. Advocate General assisted by Ms. P. Pangu, learned State counsel fpr the State of Arunachal Pradesh, Mr. K.P. Pathak, learned Assistant Solicitor General assisted by Mr. P.K. Roy, learned counsel for the respondent NHPC.

2. The land in State of Arunachal Pradesh, unlike other States of India, belongs to the people in private and community ownership basis unless acquire by the authorities or have been declared as reserved forest. The Tribal populations in Arunachal Pradesh are sustaining their livelihood by means of Wet cultivation, dry cultivation and Jhum cultivation. Some forest is termed as Unbiassed State Forest ('USF') but nevertheless, the ownership of such Un-classed are with the people in private and community ownership basis.

3. A Environmental Impact Assessment & Environment Management Plan ('EIA & EMP') study for construction of 2000 MW Lower Subansiri Hydro Electric Project over Subansiri River in West Siang District of Arunachal Pradesh through the Water and Power Consultant Services (India) Ltd. ('WAPCOS'), was conducted by National Hydro Power Corporation Ltd. ('NHPC'). For this project, the National Hydro Power Corporation Ltd. ('NHPC') needed 3187.8 hectares of land in Arunachal Pradesh and 842.76 hectares of land in Assam.

4. In the present case, the issue pertains to curtailment of compensation amount of payment of Immovable properties fallen within 1185 hectares of submerged area under West Siang District. The Rehabilitation a Resettlement Agreement dated 5.9.2001 was executed between the project affected families of West Siang District and the NHPC wherein it was agreed to pay compensation for land, trees, immovable properties, etc., falling under submergence area of 1185 hectares.

5. The Deputy Commissioner, West Siang District, Aalo constituted a Compensation Board to assess value of immovable properties falling under submergence area of 1185 hectares in West Siang District for payment of compensation. Accordingly, the compensation Board consisting of officials from the District Land Management Department/ Forest Department, Government of Arunachal Pradesh and the NHPC, carried loss assessment survey and after completing its assessment submitted Loss Assessment Report dated 1.2.2008 recommending payment of Rs.84,11,97,755 only for immovable properties falling under submergence area of 1185 hectare in West Siang District. As per Loss Assessment Report dated 1.2.2008, there are 4 categories of project affected peoples under the Lower Subansiri Hydro Electric Project :

(i) 77 Project Affected Families (PAF), the 77 PAF of Gengi (38) are losing homestead and other immovable properties like WRC fields, trees, tokopatta, bamboos due to submergence of 484.85 hectares of their land and therefore they are being shifted to a new location.

(ii) 29 Project Affected Individuals (PAI), the 29 PAI, are not losing homestead bvit they are losing the same kind of immovable properties like the 77 PAF which is spread over 35.5 hectares. The 35.5 hectares of land is purely a private land.

(iii) 10 Communities (viz., Gengi, Siberite, Ditten, Tango, Sibe, Ossumpuri, Lutak, Dibe, Durpai and Teyidu) are losing the same kind of immovable properties like the 77 PAF which is spread over 124.15 hectares.

(iv) Communities/3 Clans are losing 540 hectares of land in River Bank including shoal area without being displaced.

BENEFICIARIESAREARATECOMPENSATION

A) WRC (Wet Rice Cultivation)

(i) 38 FAF Gengi Village34.85 ha

(ii) 39 PAF Siberite Village34.60 ha

(iii) 29 PAI04.50 ha

73.95 ha x

Rs.6,17,750

Rs.4,56,82,612.50

(B) Jhum68.65 ha

(i) Gengi Village

(ii) Siberite Village61.90 ha