Point of Law : Whenever an order is struck down as invalid being in violation of principles of natural justice, there is no final decision of the case and fresh proceedings are left upon (sic open) - All that is done is to vacate order assailed by virtue of its inherent defect, but the proceedings are not terminated.

JUDGMENT :

Heard Mr. D. Majumdar, the learned Senior Counsel, being assisted by Mr. S. K. Deori, learned counsel for the petitioners. Also heard Mr. M. Kato, learned Asstt. Solicitor General appearing for the respondent No.1-the Union of India, Mr. P.K. Tiwari, learned Sr. Counsel, being assisted by Mr. S. Goswami, learned Standing Counsel for the respondent Nos.2 & 3, Ms. G. Ete, learned Sr. Govt. Advocate, Arunachal Pradesh for the respondent No.4 & 6 and Mr. D. Kamduk, learned standing counsel for the respondent No.5.

THE PRAYER OF THE PETITIONERS:-

2. This petition, under Article 226 of the Constitution of India, has been instituted by 32 petitioners, who are the project affected villagers of Dibe Village of Lower Subansiri Hydro Project, Gergamukh (in short ‘the Subansiri Project’) of the National Hydro Power Corporation Limited (NHPC), praying for following relief(s):-

(i) To set aside and quash the communication No. NH/SLP/Env.1/2014-113, dated 29.05.2014 of the NHPC;

(ii) To direct the respondent authorities, specially NHPC to pay compensation to the petitioners as per loss assessment report/bill, prepared by the Nodal Officer cum EAC, Gensi, constituted by the Deputy Commissioner, Aalo vide Loss Assessment report/bill vide Memo No.GNS/NHPC/2013-2014, dated 10.03.2014,

Or in alternative;

To constitute a joint re-survey of the petitioners land and assets by Nodal Officer, NHPC cum EAC, Gensi and NHPC, to verify as to whether the land and assets of the petitioners falls under the submerged area of the Subansiri Project;

Or To refer the petitioners’ grievances to the Ombudsmen as per Chapter 11 of State Rehabilitation and Resettlement Policy, 2008.

THE BACKGROUND FACTS:-

3. The petitioners are the project affected families of Dibe Village of West Siang District of Arunachal Pradesh. They are affected by the Lower Subansiri Hydroelectric Project, Gergamukh, situated in Lower Subansiri District of Arunachal Pradesh, where the NHPC has been constructing a 116 meters high concrete gravity dam, having 2000 Mega Watt surface power capacity. The project is also known as the Subansiri Project. For the said project, the NHPC Ltd. needs thousands of hectares of land from neighbouring Dhemaji District of Assam and West Siang District and Lower Subansiri District of Arunachal Pradesh. They have not been paid compensation by the respondent authorities, specially by the NHPC, for which they have approached the Deputy Commissioner, Aalo for payment of compensation.

3.1. It may be noted here that the land of the State of Arunachal Pradesh belongs to the people in private and community ownership, unless acquired by the authorities or have been declared as reserved forest land. Since the time immemorial, the people of the State earned their livelihood by means of wet cultivation, dry and Jhum cultivation. The customary rights of the tribal populations of the State is recognized under various provisions of law like Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation Act, 1994, the Arunachal Pradesh (Land Settlement and Records) Act, 2000, the Schedule Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the State Rehabilitation & Resettlement Policy, 2008, etc.

3.2. It is also to be noted here that the petitioners village -Dibe is located in the left bank of Sigen River, which is one of the tributaries of Subansiri River and the petitioners are farmers by profession. Moreover, they have their own bamboo plantation, took patta plantation, dhuna trees, hingri, jutuli, poma and other plantation. That apart, the petitioners used to collect raw materials from jungles for construction of their dwelling house, fencing, cattle shed, etc. and they have individual or community ownership and title over the said land and forest area.

3.3. It is also to be noted here that to assess the compensation for immovable propert