JUDGMENT :

[A.M. Bujor Barua, J.]

1. Heard Mr. Kardak Ete, learned Advocate General In-charge for the appellants in WA/15/2022, WA/16/2022, WA/17/2022, WA/22/2022, and WA/23/2022 and Mr. Bhaskar Dutta, learned Senior counsel for the appellants in WA/20/2022 and WA/21/2022. Also heard Mr. Subu Koyang, learned counsel for the writ petitioners, Mr. Marto Kato, learned CGC authorities under the Union of India and Mr. Dugmar Kamduk, learned standing counsel for the Land Management Department to the Government of Arunachal Pradesh.

2. As all the writ appeals involve important questions of law relating to the applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short Act of 2013) in the State of Arunachal Pradesh; vis-a-vis the Balipara/ Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 (in short Regulations of 1947) based upon the factual matrix of the respective writ petitions, which are also the same and therefore, we take up the factual basis in respect of WA/15/2022 and refer to the materials and documents provided therein.

3. The writ petitioners are all land owners and by a notification No. LM- 14/2014 dated 17.02.2014 the Government of Arunachal Pradesh through the Secretary of the Land Management Department had issued a notification for acquiring the lands mentioned to the Schedule to the said notification for construction of road under Trans Arunachal Highway(in short TAH) from Potin to Bopi (Godak) Via Yazali, Yazuli, Ziro, Boa-shimla, Tamen and Raga. The lands of the writ petitioners were included in the Schedule to the notification for acquisition. The notification for acquisition states that it was issued under Section 10 of the Regulation of 1947.

4. It would be relevant to take note that the Government of Arunachal Pradesh through the Secretary of the Land Management Department had issued a notification No. LM-134/2011 providing for the procedure to be followed in respect of depositing and disbursement of compensation for the acquisition of land for various purposes including the TAH and in the notification itself it has been provided that the procedure prescribed under the Land Acquisition Act 1894 (in short Act of 1894) shall be followed for calculation of the compensation. The procedure prescribed in the notification dated 28.09.2012 for calculation of the compensation is as extracted:-

1. Land value.

2. Add 12% per annum as interest on land value to be calculated from the date of publication of notification under Section 4(1) of the Land Acquisition Act 1894 to the date of award or the date of section taking possession of lands before declaring the award (by applying clause) whichever is earlier.

3. Add 30% (Lump Sum) solatium on land value.

4. Add cost of standing trees and/or any other assets on the land.

5. Add establishment charges @ 8% on the land value.

6. Add contingency charges @ 2% on the land value.

The notification of 28.09.2012 further provides that 8% establishment charge on the land value as provided in Sl. No. 5 shall be deposited in the treasury under the head of account “0029’’ (Land Revenue) and the 2% contingency charges as provided in Sl. No. 6 shall be deposited in the Joint Account of the Commissioner/ Secretary to the Government of Arunachal Pradesh in the Land Management Department and the Director of Land Management, Government of Arunachal Pradesh. It further provided that the land value in Sl. No. 2 interest of 12%, in Sl. No. 3 a solatium of 30%, and the cost of standing trees and other assets on the land in Sl. No. 4 shall be paid to the land owners.

5. By a subsequent notification No. LM-134/2011 dated 27.02.2016, in supersession of the earlier notification No.LM-134/2011 (Pt) the Governor of Arunachal Pradesh was pleased to prescribe a modified procedure to be followed for all kinds of land acquisition including payment of compensation. The procedure provided in the notification dated 27.02.2016 is as