JUDGMENT :

1. Heard Mr. T. Son, learned counsel for the petitioner and also heard Mr. N. Ratan, learned CGC for respondent Nos. 10, 11, 12 & 13 and Mr. D. Soki, learned Addl. Sr. Govt. Advocate for State respondent Nos. 1 to 9 .

2. In this writ petition under Article 226 of the Constitution of India, Shri Doi Ado and six others have prayed for issuing direction to the respondent authorities to make payment of land compensation and assets as per the rates fixed by notification, dated 12.02.2015, and 16.05.2012 annexed with the petition as Annexure-3 (a) & 4, as per the Govt. approved rate of 2012 and 2015 fixed by the respondents and also to direct the respondent authorities to pay the land compensation together with 100% solatium to the petitioners and also to pay 12% interest per annum with effect from 2013.

3. The factual background leading to filing of the present petition is briefly stated as under:-

“The petitioners are inhabitant of Aalo Town of West Siang District. Their land have been acquired by the Deputy Commissioner, West Siang District, by issuing a notification as per provision of Section 10 of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 for construction of existing road to 2 lane National Highway, with realignment starting from Potin to Pangin via Yachuli, Ziro, Daporijo, Aalo under Ar.Pkg of roads and highway and NH 229 BOT (Annuity) Tai-Dapo boundary 298.660 Km to 392.40 Km towards Garu Stream in West Siang District on existing BRO road from Tai via Bame to Garu Stream in the year, 2014. Pursuant to the acquisition of land, there was claim and objection of the land affected people and the Deputy Commissioner, West Siang District, Aalo, after hearing claim and objection, started assessment in a haphazard manner without making proper assessment of the properties of the petitioners and prepared bills for compensation not at par with the present market value and fixed the rate at Rs.11/-per sq. mtrs., for the land as per the rate fixed in the year, 2011, instead the rate was fixed in 2012 and 2015, which is contrary to Section 3 (3) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Besides, the Deputy Commissioner had failed to pay 100% solatium (lump sum) amount in addition to the compensation payable to the petitioners under the Land Acquisition Act, 1894. Therefore, with aforementioned prayer, the petitioners have approached this Court by filing the present writ petition.”

4. The respondent authorities have filed their affidavit-in-opposition denying the averments made in the petition. Respondent Nos. 11, 12 & 13 in their affidavit stated that they have no role to play in payment of the compensation to the petitioners as the same was acquired by the State Government and payment was also made by them.

5. On the other hand, respondent Nos. 4 & 5 have stated in their affidavit-in-opposition that the Govt. of Arunachal Pradesh had published notification, vide No. LR/43/81 (Vol-II) Pt., dated 12.02.2015, wherein, the Government has notified the rates of various categories of land and assets for the purpose of payment of compensation for the land acquired for construction of the Trans Arunachal Highway Project and that the Govt. of Arunachal Pradesh has issued notification No.LM/20/2005(Pt.)/1546, dated 20.03.2014, whereby, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force w.e.f. 1.01.2014, then the land of the petitioners were acquired in a different manner determining the rate of compensation as per Govt. Notification, dated 26.11.2011 and there was no direction from the Government for preparation of their bills as per notification dated 16.05.2012, or as per the corrigendum, dated 03.07.2012. The land was acquired under Section 10 of the Jhum Land Act of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947, and there is no provision for payments of sol