IMPORTANT POINT
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.

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 acquisition of 142.61 Ha of jhum land, situated under Koronu Circle at Bhismaknagar, Lower Dibang Valley District, by which a sum of Rs.42,06,62,641/- , being the compensation, has been awarded in favour of the respondent No.3-11, to be paid by the present petitioner(NHPC).

4. And in WP(C) No.230(AP)/2024, 7(seven) petitioners have prayed for directing the respondent authorities, to release and disburse the compensation awarded vide award dated 06.11.2018, which received approval from the Government vide communication dated 23.01.2019.

BACKGROUND FACTS:-

5. The background facts leading to filing of the present writ petitions are briefly stated as under:-

“A plot of land, measuring 142.61 Ha, belonging to the petitioners in WP(C) No.230(AP)/2024, was acquired by the Deputy Commissioner, Lower Dibang Valley District, at Bhismaknagar, under Koronu Circle, under Section 10 of the Balipara/Tirap/Sadia Frontier Tract Jhum Land Regulation , 1947 (herein after referred to as the Regulation 1947) for rehabilitation and resettlement of the project affected families of Dibang Multipurpose Project, pursuant to requisition letter, dated 21.05.2018. The Deputy Commissioner, Lower Dibang Valley (respondent No.2), vide Notification No. LM-178/2011/1471 issued under Section 10 of the Jhum Land Regulation, 1947 for rehabilitation and resettlement of the displaced families and individuals of Dibang Multipurpose Project. The respondent No.2 then constituted a Board to assess the compensation, which the private respondents are entitled to. The Board then made the assessment under the provision of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act ). Based on the assessment of the Board, the respondent No.2 had passed an award for a sum of Rs.42,06,62,641/- vide award dated 06.11.2018. The award was then sent to the Government for approval and the Government, vide communication, dated 23.01.2019 approved the same.

6. The pleaded case of the petitioner, in WP(C) No.242(AP)/2020 is that while acquiring the land, measuring 142.61 Ha, the respondent No.2 had applied three different modes, besides taking note of the Cabinet decision, dated 10.05.2018, in assessing the compensation. While the respondent authorities had acquired the land under Section 10 of the Regulation, 1947, it had awarded compensation under the RFCTLARR Act, 2013, and it had also applied the State Rehabilitation and Resettlement Policy of 2008. The petitioner is aggrieved for application of the State Rehabilitation and Resettlement Policy of 2008.

THE GROUNDS FOR CHALLENGING THE AWARD:-