JUDGMENT :

ROBIN PHUKAN, J.

1. These three writ petitions, under Article 226 of the Constitution of India, have been preferred by the petitioners for issuance of a writ in the nature of Certiorari and/or Mandamus and/or any other appropriate writ, order or direction of like nature, directing respondent authorities for payment of solatium amount to the petitioners, at the rate of 100% of the compensation amount, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. It is submitted at the Bar that since common questions of law are involved in all these petitions, the same may be heard and disposed of together at this admission stage itself, by passing a common judgment and order. And accordingly, it is decided to hear arguments of learned Advocates of all the parties and to dispose of the petitions, by this common judgment and order.

THE FACTUAL BACKGROUND:

3. The factual background, leading to filing of these three writ petitions are adumbrated herein-below:

“The Government of Arunachal Pradesh, through the Secretary (Land Management), Government of Arunachal Pradesh, Itanagar, issued a Notification, Vide No. LM-14/2014, dated 17.02.2014, for acquiring lands mentioned in the schedule of the said Notification, for construction of road under Trans Arunachal Highway (for short ‘TAH’) from Potin to Bopi (Godak) via Yazali, Yachuli, Ziro, Boasimla, Tamen and Raga. In the said Notification, the lands of the petitioners were also included in the schedule mentioned in the Notification for acquisition. The aforesaid Notification was issued under Section 10 of the Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947 (hereinafter referred to as ‘Regulation of 1947’). It is to be mentioned here that the State respondent No. 1 has already issued one Notification No. LM-134/2011(Pt), dated 28.09.2012, prescribing procedure and manner to be followed, as prescribed under Land Acquisition Act, 1894, for calculation of land compensation including land value, interest, solatium, establishment charge and contingency charge. Thereafter, the State respondent has issued another Notification No. LM-20/2005(Pt)/1546, dated 20.03.2014, through the Secretary-cum- Revenue Commissioner, Government of Arunachal Pradesh, Land Management Department, extending the RFCT & LARR Act, 2013, in Arunachal Pradesh and directing all the Deputy Commissioners/Additional Deputy Commissioners and District Land Revenue and Settlement Officers to process the land acquisition cases under the provision of said Act. Thereafter, the respondent No. 4, the Chief Engineer, (Highway), Western Zone, PWD, Itanagar, Vide No. CEAP (HW)/WZ/W-9/PP/2015-16/122-28, dated 22.04.2015, submitted estimate of compensation to the Chief Engineer (NER), Transport Bhavan, Ministry of Road Transport and Highways, wherein, 30% solatium was included for approval and sanction of fund, whereas the solatium amount was not been paid to the petitioners at the time of payment of compensation. Thereafter, vide Notification No. LM/134/2011, dated 22.01.2016, the State respondent has, in super-session of the earlier Notification No. LM-134/2011(Pt), dated 20.09.2012, providing that payment of solatium and interest shall be made in all kind of land acquisition. Thereafter, the Ministry of Road Transport and Highway has issued a guideline Vide No. NH-11011/30/2015-LA, dated 28.12.2017, in regards to payment of compensation and solatium, wherein, it has been provided that payment of solatium @ 100% of the compensation amount. The petitioners, thereafter, through their engaged counsels, submitted notice, dated 20.04.2018, to the Deputy Commissioner, Lower Subansiri District, Ziro, respondent No. 3 herein, for payment of solatium amount and the respondent No. 3, in its reply to the same, stated that Section 10 of the Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1947, does not provide for payment of solatium for the land ac