IMPORTANT POINT
The Loss Assessment Report of February 2008 is final, and the Deputy Commissioner lacked jurisdiction to reassess land for compensation claims.

JUDGMENT :

Heard Mr. D. Mazumdar, learned senior counsel, partly physically and partly through video conferencing mode, assisted by Mr. S.K. Deori, learned counsel for the appellants. None appears on call for respondent nos.1 and 5. Also heard Mr. P.K. Tiwari, learned senior counsel, assisted by Mr. K. Saxena, learned counsel for respondent nos.2 and 3; and Ms. R. Basar, learned Govt. Advocate appearing for respondent nos. 4, 6 and 7.

2. This intra Court appeal is preferred against the judgment and order dated 07.08.2023, passed by the learned Single Judge in WP(C) 674(AP)/2017. The appellants were the petitioners in the said writ petition.

Submissions of the learned senior counsel for the appellants:

3. The learned senior counsel for the appellants has referred to the voluminous documents appended to the memo of appeal as well as on the affidavit of the respondent nos.2 and 3 and has advanced extensive submissions on behalf of the appellants.

4. It was submitted that a large volume of land is under submergence zone for construction of the Subansiri Hydro Power Project (SHPP for short), which is undertaken by the National Hydro Power Corporation (NHPC for short). The appellants are the project affected families (PAFs for short) of Dibe village. It was submitted that two persons from Dibe village of the appellants were awarded compensation as PAFs, but no compensation was assessed and/or awarded for any of the 32 (thirty two) appellants herein.

5. It was submitted that the Deputy Commissioner, Aalo had constituted a Board consisting of (i) the EAC-cum-Nodal Officer (respondent no.7), (ii) HDO, Likabali/Gensi, (iii) ADO, Gensi, (iv) RFO, Gensi, (v) one representative from NHPC, and (vi) Mr. Y. Lombi, Recorder Kanungo. The said Board had made field enquiry and found that the land of the appellants fell within the submergence zone. Thereafter, the authorities assessed the compensation payable to the appellants. It was submitted that not only the NHPC authorities had refused to participate in the re-assessment process undertaken by the said Board, but also rejected the recommended a sum of Rs.79,87,44,640/- as compensation for the appellants. Accordingly, the appellants have filed the said writ petition, being W.P.(C) 674(AP)/2017.

6. It was submitted that the judgment in the appeal has been assailed, amongst others, on the ground that the learned Single Judge had held that the Loss Assessment Report dated 10.03.2014, prepared by the Board wherein 615 Ha (Hectare) land had been identified as land of Dibe village that was falling under the submergence area and had lacked technical expertise.

7. The submissions made by the learned senior counsel for the appellants were summarized as under:-

a. The respondent nos. 2 and 3, having not participated in the re-assessment process and having not questioned the said Loss Assessment Report, it was not open to the respondent nos.2 and 3 to refuse payment of compensation to the projected affected families i.e. the appellants.

b. The respondent nos. 2 and 3 are silent as to whether or not any compensation or part thereof was paid in respect of land of Dibe village, which fell within the submergence zone. If any compensation was paid for land of Dibe Village, to whom the amount was paid. Moreover, if compensation was paid in respect of the appellants to some other person or persons, then the State should pay compensation to the appellants and recover the money from those who have been unjustly enriched.

c. If this Court concurs with the finding of the learned Single Judge that the Loss Assessment Report was not by an expert committee, the correct recourse would be to appoint another committee by constituting it of experts in the field.

8. In support of above, it was elaborated that two persons from the appellants’ village were paid compensation, but the respondent nos.2 and 3 do not say why land of two persons of the village