Back
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO
Tsering S/o Late Dondup Tsering – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
NELSON SAILO, J.
Heard Mr. B. Picha, learned counsel for petitioners. Also heard Mr. K. Loya, learned CGC for the respondent Nos. 1 to 4; Mr. D. Kamduk, learned Standing Counsel for the Land Management Department for the respondent No. 5 and Mr. N. Ratan, Additional Advocate General for respondent No. 6.
2. By filing this writ petition, the petitioners have sought for a direction to the respondent authorities to process the evaluation of the rent from the year 1980 till the year 2021 for an area of land belonging to them measuring 481.41 acres located at LGG (Glanggroh), under Bobdir village in Kitpi Circle in the District of Tawang, which according to them was forcefully occupied by the Indian Army.
3. It is the case of the petitioners that they represent all the family members whose land has been occupied unauthorizedly by the Indian Army. According to them they have inherited their land from their ancestors and use it for cultivation purposes and for grazing cattle. While the petitioners were enjoying their land peacefully without any disturbance from any corner, the Indian Army in the year 1980 started entering int
Petitioners are entitled to rental compensation for unauthorized occupation of land by the Indian Army from 1980 to 2021, to be assessed and disbursed by the Deputy Commissioner.
The court affirmed the entitlement to rental compensation for unauthorized land occupation, ruling that previous payments to others do not bar similar claims, emphasizing the inapplicability of the L....
The court emphasized the right to rental compensation for land occupied by security forces, mandating assessment and payment within a specified timeframe, following precedent.
Claims for rental compensation arising from authorized occupation must be adjudicated under the Land Acquisition Act, not as independent civil claims.
The right to property is constitutional under Article 300-A, mandating government acquisition or compensation for land occupation.
The State cannot dispossess individuals of property without proper legal processes, affirming the entitlement to compensation for land occupied without due course of law.
The petitioner is not entitled to occupational charges beyond the date of vacation by Security Forces, and claims for additional land are declined unless rent for underlying land is not considered.
The obligation of the State to ensure just and reasonable compensation for the deprivation of property, as per the Constitution and relevant statutes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
