JUDGMENT :

Sudhanshu Dhulia, C.J.

1. Heard Mr. PC Behera, learned counsel for the appellant. Also heard Mr. PK Tiwari, learned senior counsel assisted by Mr. AR Gogoi, learned counsel for respondent No. 1.

2. This appeal has been filed by the writ appellant challenging the judgment and order dated 03.02.2021 passed by the learned Single Judge in WP(C) 8588/2019.

3. Under the Hydro Electric Project, a dam was to be constructed on the river Subansiri in Arunachal Pradesh which is a project to generate 2000 Mega Watt electricity. The land which will be so affected by the construction of the dam is 3183 hectares. The project is being executed by the National Hydro Power Corporation ('NHPC for short). As per the NHPC, the entire land on which the project was to be constructed and as a result of which huge tract of land was to be submerged was in fact a forest area which falls under the category of 'Unclassed State Forest'. Under the Assam Forest Regulation, 1891 and the Rules framed under Regulation 34, an "Unclassed State Forest" means "any land at the disposal of the State and not included in the reserved or village forest". A group of 77 persons from Arunachal Pradesh who claimed certain cultivable and non-cultivable hereditary rights over this forest, claimed compensation and a settlement was arrived at between the NHPC and a group of 77 persons and an amount of Rs. 51 Crores was given to this group. While the project was on, another claim was made by 29 individuals and various tribes and sub-tribes of Arunachal Pradesh and assessment in that regard was made by NHPC at Rs. 32 Crores out of which Rs. 17.46 Crores was paid. The NHPC disputed this amount and agreed to pay only Rs. 17.46 Crores which was given to them. For the remaining amount, the NHPC had initially approached this Court and now the matter is pending before the Hon'ble Apex Court in the form of SLP No. 6856/2020. Meanwhile, an enhanced claim was again made by people and the State came to the conclusion that various assessment was made by the assessment authorities, firstly of Rs. 523 Crores and thereafter of Rs. 3000 Crores. Regarding this, another writ petition being WP (C) 5402/2020 has been filed before this Court by NHPC which is pending before this Court and in the said writ petition, the present appellant is a party. He is also a party before the Hon'ble Apex Court. Meanwhile, the writ appellant has approached the State Commission for Scheduled Tribes (hereinafter referred to as 'Commission') with a prayer that a compensation be awarded to them and the Commission passed various directions inter alia directing the NHPC to pay an amount of Rs. 523 Crores to the writ appellant, apart from other directions which had been given. This order was challenged by the NHPC before the learned Single Judge. The limited point raised by the writ petitioner before the learned Single Judge was regarding the jurisdiction of the Commission to adjudicate upon the matter and award compensation to the claimant. Not only the aspect of jurisdiction was there before the learned Single Judge, to our mind, there was another important aspect which was that the High Court and the Apex Court were already ceased with this issue and other related issues, how could a determination be made on the very same aspect by the Commission. The learned Single Judge was of the opinion, and in our view rightly so, that the directions of the National Commission for Scheduled Tribes held on 27.09.2019 directing payment of compensation and giving other directions are totally without jurisdiction and therefore, the order itself is void ab initio and consequently, the order was set aside.

4. Aggrieved, the claimants in whose favour this order was passed, have approached this Court by way of the present writ appeal. We have a limited scope to determine, which is, whether the Commission had the jurisdiction to pass a kind of order which it had actually passed.

5. Article 338A of the Constitution1 of India relates to