Point of law : Section 11 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 prescribes for publication of preliminary notification. There is no dispute at Bar that acquisition proceedings were initiated under Section 40 of Act which empowers "Appropriate Government" to acquire land in cases of urgency.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. Heard Mr. B. Chakravarty, learned Central Government counsel for the appellants. Also heard Mr. D. Mozumder, learned senior counsel assisted by Mr. S. Rabha, learned counsel for the respondent No. 1 as well as Mr. B. D. Goswami, learned Additional Advocate General, Arunachal Pradesh assisted by Mr. A. Chandran, learned Additional senior Government Advocate appearing for the State of Arunachal Pradesh, respondents No. 2 to 5.

2. This writ appeal is preferred by the Union of India being aggrieved by the order dated 26.09.2019 passed in WP(C) No. 480(AP)/2018 by the learned Single Judge.

3. The appellant i.e. the Army Authority at a relevant point in time had sought for acquisition of land belonging to some of the residents in the Village of Khoraliang, P.O & P.S.- Tezu, Lohit district in the State of Arunachal Pradesh. Portions of the land, which were sought to be acquired were already under the Army Authorities under lease. The Defence Estate Officer, (DEO) Jorhat in furtherance of requirement of land for establishing Army bases in Arunachal Pradesh approached the State authorities seeking details of available, empty and unused land along the border areas. A thorough survey was conducted by the State Authorities and detailed report to that effect was given to the DEO. Pursuant to the report being received, it is the case of the appellant that the Defence Estate Officer cautioned the State Authorities not to proceed for acquisition of land unless the proposal is sanctioned by the appropriate authority in the Ministry of Defence, Government of India. However, according to the appellant, despite the requests made by the DEO to the State Authorities not to proceed with the acquisition of land, the State Authorities went ahead with the acquisition proceedings and suo motu issued notifications under Section 40(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The land was accordingly acquired by the State Authorities and all persons were asked to stop their activities on the said land. Since, the Ministry of Defence, Government of India did not approve the proposal for acquisition of land, no compensation was sanctioned and/or deposited by the Defence Authorities. The land owners who claimed to be affected by the acquisition process filed a writ petition before this Court through their power of attorney holder. The said writ petition was numbered as WP(C) No. 480(AP)/2018. During the course of hearing, the learned Single Judge examined the records and upon being satisfied, disposed of the writ petition without entering into merits of the disputes. The respondent Nos. 1 to 5 in the writ petition, namely, the appellants herein were directed to deposit the payable amount before the Additional District Judge though whom the acquisition proceedings were conducted. The assessed amount was directed to be deposited within 3(three) weeks from the date of impugned order and whereafter the distribution will be done by the authority strictly in accordance with law and proper identification.

4. The appellants before this Court assail the order of the learned Single Judge on the ground that as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, acquisition proceedings in cases of urgency under Section 40 of the Act is to be initiated by the appropriate Government. The appropriate Government as defined under Section 3(e)(v) of the Act in relation to acquisition of land for the purpose of the Union will be the Central Government.

5. The learned counsel for the appellant submits that since no proposal was issued by "Appropriate Government" i.e. Central Government, there can be no acquisition proceedings under Section 40 of the Act and, therefore, the direction of the learned Single Judge to the Army Authorities as respondents No. 1, 2, 3, 4 & 5 to deposit the amount payable,