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THE HIGH COURT OF GAUHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR PERMANENT BENCH AT YUPIA)
KALYAN RAI SURANA, MRIDUL KUMAR KALITA
Tenken Nada S/o Bomten Nada – Appellant
Versus
Union of India – Respondent
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 (NH
The Loss Assessment Report of February 2008 is final, and the Deputy Commissioner lacked jurisdiction to reassess land for compensation claims.
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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 upheld the compensation for property damage caused by excavation, emphasizing the need for accurate valuation and just compensation for losses incurred.
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