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2023 Supreme(Gau) 1479

KARDAK ETE
Repasosang (AO), S/o. Lt. Sakulemba AO – Appellant
Versus
State Of Nagaland, Through The Secy, Land Revenue Dept. – Respondent


Advocates Appeared:
For the Petitioner: Limawapang.

JUDGMENT :

(Kardak Ete, J.) :

Heard Mr. Tali Ao, learned counsel for the petitioner and also heard Ms. V. Suokhrie, learned Additional AG for the respondent Nos. 1 to 3 and Mr. Z. N. Ngullie, learned CGC for respondent Nos. 6 to 9.

2. By filing this writ petition, the petitioner has challenged the impugned order dated 27.02.2017 passed by the Deputy Commissioner, Dimapur by which the petitioner’s application claiming solatium and interest in land compensation dated 14.07.2016 has been dismissed by holding that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( in short RFCTLARR Act, 2013) is not applicable in the State of Nagaland as the Legislative Assembly of Nagaland has not taken any decision with regard to the RFCTLARR Act, 2013 in terms of Article 371A (iv) of the Constitution of India. The petitioner has also prayed for a direction to the respondent authorities to grant solatium and interest to the compensation amount under Section 30(1) (3) of the RFCTLARR Act, 2013.

3. The facts of the case, shorn of unnecessary details, are that in the year 2009-10, the Deputy Commissioner, Dimapur initiated acquisition of land o

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