JUDGMENT :

A.M. Bujor Barua, J.

Heard Mr. Y. Doloi, learned counsel for the appellant. Also heard Mr. R. Saikia, learned counsel for the respondent no.1, Geeta Mihu and Mr. K. Ete, learned Additional Senior Government Advocate for the State of Arunachal Pradesh assisted by Mr. D. Kamduk, learned counsel for the respondent nos.2, 3 and 4. Although the Major, Quartermaster for CO, 19 JAK RIF, 99 APO is arrayed as respondent 5 in this appeal, Mr. Y. Doloi, learned counsel for the appellant seeks to delete the said respondent. Accordingly, the respondent no.5 stands deleted.

2. The writ petitioner, Geeta Mihu, a resident of Koyla Basti village in the Dibang Valley district had instituted WP(C) 511(AP)/2019 with the following prayers:

“I. A writ in the nature of Certiorari shall not be issued for quashing and setting aside the impugned cancellation order dated 12.12.2019 issued by the Director, Land Management, Government of Arunachal Pradesh, Itanagar whereby the Notification No. LM-327/2016/2441 dated 08.03.2019 issued for acquisition of land measuring 105.144 acres situated at Koyla basti/village of Dibang Valley District for the Indian Army has been cancelled in violation of Section in violation of Section 36 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and in violation of Principle of natural justice

II. A writ in the nature of mandamus shall not be issued directing the concerned respondent authority most particularly the respondent nos. 5, 6 and 7 to immediately pay/deposit before the Deputy Commissioner, Anini the land compensation award amounting to Rs.25,01,97,399/- (Rupees Twenty Five Crore One Lakh Ninety Seven Thousand Three Hundred Ninety Nine) only against the petitioner’s land measuring 1.5.144 acres situated at Koyla (Karu) village of Dibang Valley District acquired for the Indian Army under Section 23 of the RFCT LARRA, 2013 vide award order no. DV/LM171/18-19 dated 27.05.2019 passed by the Deputy Commissioner, Anini. Further along with additional compensation amount of 75% of the total compensation amount award in terms of section 40(5) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 along with interest accrued thereon for onward payment/disbursement to the petitioner

And/or

Pass such other order/orders or direction as Your Lordship may deem fit and proper in the facts and circumstances of the case.”

3. A reading of the prayer goes to show that an order dated 12.12.2019 of the Director, Land Management, Government of Arunachal Pradesh is sought to be set aside. By the said order dated 12.12.2019, the Notification No. LM-327/2016/2441 dated 08.03.2019 had been cancelled. The order dated 12.12.2019 had been assailed on the ground of it being passed in violation of section 36 of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short Act of 2013) as well as in violation of principles of natural justice. The second prayer is for a payment of Rs.25,01,97,399/-, being the land compensation award that was arrived at in the resultant land acquisition proceeding.

4. The order dated 12.12.2019 is a communication from the Director of Land Management, Government of Arunachal Pradesh to the Deputy Commissioner, Dibang Valley district providing the approval of the Government of Arunachal Pradesh for cancellation of the Notification No. LM-327/2016/2441 dated 08.03.2019 in respect of the land measuring 105.144 acres for establishment of Army Post at Koyla Basti village in the Dibang Valley district.

5. The notification dated 08.03.2019 is of the Secretary, Land Management, Government of Arunachal Pradesh issued under section 40 of the Act of 2013 notifying that the land measuring 105.144 acres mentioned therein is urgently needed for establishment of Army Post keeping in view security of the country.

6. Section 40 of the Act of 2013, inter ali