The court emphasized the statutory prerogative of the Deputy Commissioner to assess compensation and the lack of challenge to the assessment of compensation by the respondent No.3.

JUDGMENT

Kalyan Rai Surana, J. - Heard Mr. P.J. Saikia, learned counsel for the petitioner. Also heard Mr. D. Kamduk, learned standing counsel for the Land Management Department and Mr. D. Soki, learned Addl. Senior Govt. advocate appearing for respondent No.2 and Ms. R. Borah along with Mr. T.T. Tara, learned standing counsel for the NHIDCL.

2. In terms of liberty granted by the Court by order dated 21.01.2020, the learned counsel for the petitioners as well as the learned counsel for the respondent No.3 have both filed their respective list of dates, which is kept in record.

3. The six petitioners herein claimed to be a part of 97 beneficiaries who are residents of various villages of Dibang Valley District, namely, Etalin, Arzoo, Punil, New Endolin, Eron and Amboli.

4. It is claimed that the properties of the petitioners such as horticulture crops, trees, structures, etc. falling within the stretch of improvement and double laning of TransArunachal Highway road from Hunli to Anini (KM 23.820 to KM 138.00) was initially not assessed and left out despite the land being acquired and possession taken by the respondents No. 2 and 3. It is claimed that the assessed compensation amounting to Rs.14,03,31,469/- was directed to be deposited by the respondent No.3 before the Deputy Commissioner, Anini for onward disbursement to the affected villagers with interest @ 12% per annum from January, 2016 till such payment is made. In the writ petition, it has been projected that the present writ petition was filed by the petitioners wherein all the other affected villagers/ beneficiaries were being represented in a representative capacity.

5. The learned counsel for the petitioners has submitted that the Commissioner Land Management, Itanagar, Govt. of Arunachal Pradesh by a notification No. LM-72/2014 dated 02.02.2015 under Section 10 of the Balipara/ Tirap/ Sadiya Frontier Tract Jhum Land Regulation, 1947 (hereinafter referred to as "1947 Regulation") for acquiring land at Dibang Valley District for the improvement and double laning of Hunli-Anini Road to be executed by National Highways and Infrastructure Development Corporation Ltd. (respondent No.3). The Deputy Commissioner, Dibang Valley District, Anini, Arunachal Pradesh was required to take possession of the notified land. Accordingly, assessment and survey was conducted by the Deputy Commissioner, Anini to determine the compensation award payment to the beneficiaries under the said 1947 Regulation. It is claimed that the award was disbursed in two phases, firstly, land compensation amounting to Rs.24.17 crore was paid in the year 2016, and secondly, the second phase of land compensation amounting to Rs.19.77 crore was paid in the year 2017. It is projected that in the process, the authorities had missed out and left out and did not assess the properties such as horticulture crops, trees, structures, etc. of 97 villagers. Accordingly, a representation was submitted before the Deputy Commissioner, Anini for payment of compensation. Accordingly, by an order dated 24.08.2018, a board was constituted, amongst others, containing representatives of the respondent No. 3 for reverification and assessment of the left out properties. By a letter dated 09.09.2018 bearing signature of the Deputy Commissioner, Anini dated 10.09.2018, valuation of left out cases of horticulture crops, forest produce and structures affected by the construction of TransArunachal Highway was forwarded in form of Annexure- A to K thereto.

6. The learned counsel for the petitioners submits that instead of releasing compensation, over a period of time, the respondent No. 3 raised four objections. The first objection was on 01.10.2018 requiring the Deputy Commissioner, Anini to resubmit the estimate duly vetted by the State Government against which the Secretary (Land Management) by his letter dated 07.01.2019 had clarified that after completion of requisite formalities, further vetting by the authorities did not arise.