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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Tunku Pulu – Appellant
Versus
National Hydro Power Corporation Limited (Nhpc Ltd. ), – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. D. Das, learned Senior Counsel, assisted by Mr. I. Das, learned counsel for the petitioners in WP(C) No.230 (AP)/2024 and for respondent Nos.3 —11 in WP(C) No.242(AP)/2020. Also heard Mr. P.K. Tiwari, learned Senior Counsel assisted by Mr. K. Saxena, learned counsel for the respondents in WP(C) No.230(AP)/2024 and for the petitioner in WP(C) No.242(AP)/2020; Mr. I. Choudhury, learned Senior Counsel-cum- Advocate General, State of Arunachal Pradesh, assisted by Mr. D. Kamduk, learned Government Advocate for the respondent Nos.2 and 3 in WP(C) No.230(AP)/2024 and for respondent Nos.1 and 2 in WP(C) No.242(AP)/2020.
2. As a common question of law is involved in these two writ petitions, being WP(C) No.230(AP)/2024 and WP(C) No.242(AP)/2020 and as agreed upon by both the parties, it is proposed to dispose of both the petitions by this common judgment and order.
3. It is to be noted here that in WP(C) No.242(AP)/2020, the petitioner, namely, National Hydroelectric Power Corporation Limited, (herein after NHPC Ltd.), has challenged the legality of the award dated 23.01.2019 pertaining to acquis
The court ruled that compensation for land acquisition must be assessed under the RFCTLARR Act, 2013, and not under the State Rehabilitation Policy, as the land was not classified as forest land.
Section 31(2) of the Act requires the Collector to deposit the awarded amount in Court in case it is not received by the persons interested or there is some dispute. Under the said Act, the deposit i....
The court affirmed that awards under the Land Acquisition Act, once finalized, are binding, and the State must pay compensation despite challenges regarding land classification.
The court affirmed the obligation of the state to pay compensation for land acquisition as mandated by law, emphasizing the validity of the award and the constitutional right to property.
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
The court affirmed the principle of res judicata, ruling that the appellants could not challenge the finality of the Land Acquisition Award in subsequent petitions.
Compensation for land acquisition must be determined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, where prior proceedings unde....
Petitioners are not entitled to claim compensation for structures on enhanced rate, on the basis of Standard Schedule Rates of 2005-06.
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