IMPORTANT POINT
The court upheld the validity of a notification providing ex-gratia compensation to tribal populations affected by transmission lines, recognizing their rights under the Forest Rights Act while clarifying that full compensation is mandated only for landowners.

JUDGMENT :

MARLI VANKUNG, J.

Heard Mr. A. Kashyap, learned counsel for the petitioners. I have also heard Mr. N. Ratan, learned Addl. Advocate General for the State respondents along with Mr. NH Khera, learned counsel for respondent No. 6 i.e., the Power Grid Corporation and Mr. D. Kamduk, learned Standing counsel for Land Management Department as well as Mr. L Perne, learned Standing counsel for the Power Department in WP(AP) 32 of 2024 & WP(AP) 78 of 2024. This court finds that both the writ petitions being analogous to each other can be heard and disposed of by a common judgment.

2 . Both the writ petitions are filed for setting aside the notification/policy st dated 31 August, 2023 issued by the Commissioner, Department of Power, Government of Arunachal Pradesh, which is the “Special Ex- Gratia Relief Package towards Right of Way for 132 KV Transmission Lines passing through Reserved Forests under the Comprehensive Scheme for Strengthening of Transmission and Distribution System in Arunachal Pradesh Policy", wherein para 2(a) of the notification provided that “For the tribal population as identified in Paragraph 3 of this Policy, who are not entitled for any benefits, including compensation of specific nature, resettlement or rehabilitation benefits, an Ex- Gratia Relief Package amount equivalent to half of the rates notified vide No. PWRS/E- 2462/2013(Pt-II)/4573-89, Dated, 2nd Sept. 2019; would be payable - [Inter alia, Ex-Gratia Relief Package payment will be computed @42.5% of land value for tower base area (i.e.. area bounded by concrete as visible from outside of four legs of the towers) impacted severely due to installation of tower/pylon structure, and maximum rate of 7.5% of land value towards diminution value of land in the width of RoW corridor due to laying of transmission line (s), as would be determined by the Deputy Commissioner or any other authority, so empowered by the State Government, based on District Rate/ Circle rate/ Stamp Act Rates.” And for the payment of land compensation to the petitioners and take cognition of the pending LPC applications pending before the authorities.

3 . Mr. A. Kashyap, the learned counsel for the petitioners submits that both the writ petitions nos. WP(C) No. 32(AP)/2024 and WP(C) No. 78(AP)/2024 are a challenge to the Notification dated 31.08.2023 issued by the Government of Arunachal Pradesh through its Commissioner, Department of Power, whereby the special ex-gratia relief package amount would be equivalent to half of the rates that was paid and as per the impugned notification, the payment was to be computed @42.5% of the land value for Power Based Area i.e., the area bounded by concrete is visible from outside of the powers. It is the case of the learned counsel that the impugned notification curtails the rights of the petitioners and other forest dwellers as per law, wherein all the effected parties must be provided with the opportunity of hearing and given the opportunity to produce the documents to establish their right which may include the documents of plea independent period.

4. The learned counsel for the petitioners submitted that the petitioners are indigenous citizens of the State of Arunachal Pradesh and were issued land possession certificates as per law. That in the impugned notification, there is complete absence of mention of due relief to tribal’s affected by the project who are having crystallized rights in the affected geographical area as per the Scheduled Tribesand Other Traditional Forest Dwellers (Recognition of Forest Rights) ACT, 2006 (hereinafter referred to as the Forest Rights Act of 2006). The learned counsel also submitted that para 3 of the notification also provided for the identification of individuals whose Right of Way/ROW has been effected in the Reserved Forest area and provides for a board to be constituted akin to the matters constituted for land acquisition which is in cont