JUDGMENT :

1. In this writ petition, under Article 226 of the Constitution of India, the petitioners, Shri Tachu Nabam and 77 others, have prayed for directing the respondent authorities to grant compensation to the people of Khodaso Community, pursuant to notification, dated 11.12.2012, of the Government of Arunachal Pradesh for acquisition of their community land for construction of Trans Arunachal Highway from Khodaso to Hoj having a length of 102 kms and also to constitute an independent committee, headed by a person appointed by this Court along with the representative of Khodaso community for assessment and disbursement of compensation payable to the said community and also to enquire about the compensation granted to the selected 2 (two) individuals belonging to Khodaso community.

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

“On 16.10.2008, the Ministry of Shipping, Road and Transport & Highways, Department of Road Transport and Highways, Government of India, through it’s Director General (RD) & SS, addressed a letter to the Commissioner, PWD, Government of Arunachal Pradesh, regarding alignment of Trans Arunachal Highway. Pursuant to the said letter, the Government of Arunachal Pradesh has issued a Notification, No.LM-32/NH/2008, dated 06.02.2009, under the provision of Land Acquisition Act, 1894, (Annexure ‘C’) for acquisition of land for construction of 2 (two) lane National Highway (NH 229) from Khodaso to Hoj, covering a length of 102 kms. The Government of Arunachal Pradesh, thereafter, prepared estimate and valued the assets of Khodaso community and prepared estimate for widening of the existing road to a 2 (two) lane National Highway at the cost of Rs. 71,13,56,583/-(Rupees seventy one crore thirteen lakhs fifty six thousand five hundred eighty three) only. The aforesaid compensation for acquisition of land for the National Highway was to be determined in accordance with notification No. LM-134/2011 (Pt.), dated 11.12.2012, issued by the Government of Arunachal Pradesh. But, while assessing the value of the assets of Khodaso community, the respondent authorities have arbitrarily, without adhering to the norms/rules regarding the assessment and disbursement of compensation to be given to the families of the Khodaso community, have granted compensation only to 2 (two) individuals. It is also the case of the petitioners that they have some differences with the people of Raik community and therefore a committee was formed to protect their interests and resolved the dispute and consequently a joint resolution was adopted wherein it was agreed that the compensation for the Chainage from 3800-7200 of the Trans Arunachal Highway, would be given to the people of Khodaso community, and the total compensation payable to the Khodaso community for the acquisition of their community land is valued at Rs. 71,48,690.25/-(Rupees seventy one lakhs forty eight thousand six hundred ninety and twenty five paise) only. But, the respondent authorities arbitrarily granted the compensation in favour of 2 (two) selected individual belonging to Khodaso community and the petitioners are deprived of getting the compensation for the community land belonging to them which was acquisitioned by the respondent authorities for construction of 2 (two) lane Highway and their fundamental right guaranteed by Articles 14, 19 & 21 of the Constitution of India have been violated and therefore, they have approached this Court by filing the present petition.”

3. The respondent authorities have filed their affidavit-in-opposition denying the averments made in the petition. In their affidavit-in-opposition, respondent Nos. 2, 3 & 4 stated that payments of compensation of Khodaso community does not arise at all as the said village does not fall under the jurisdiction of respondent No. 4 and that no assessment was done and the properties of the petitioners’ village falls in the jurisdiction of separate Dep