Judicial review of policy decisions is limited; unless proven arbitrary or unconstitutional, such decisions, especially those concerning national security, should not be interfered with.

Judgment and Order :

M. R. Pathak, J.

1) Heard Mr. Angshuman Sarma, learned counsel for the petitioners and Mr. D. Kamduk, learned Standing Counsel, Department of Land Management, Government of Arunachal Pradesh for the respondent Nos. 1 and 3. Also heard Mr. R. H. Nabam, learned Additional Advocate General, Arunachal Pradesh for the respondent No.2, Mr. M. Kato, learned Deputy Solicitor General of India for the respondent Nos. 4, 5, 6, 7, 10 & 11, Mr. K. Loya, learned counsel for the private respondent No.8 and Mr. D. Laji, learned counsel for the private respondent No.9.

2) The petitioners, namely, Silen Valley People’s Welfare Forum represented by its Chairman and All Arunachal Pradesh Students Union (APSU) represented by its General Secretary have filed this PIL jointly praying amongst others, (i) for issuance of a Writ of Certiorari to set aside and quash the impugned decision of the respondent authorities in granting its approval to the alignment proposed by the private respondent Nos. 8 and 9 for construction of the Taliha-Tato Road via Payeng through route of Sissi/Sike River; (ii) for issuance of a Writ in the nature of Mandamus directing the respondents to refrain/forebear from giving effect to the impugned decision of the respondent authorities in granting its approval to the alignment proposed by the respondent Nos. 8 and 9 for construction of the Taliha-Tato Road via Payeng through route of Sissi/Sike River; (iii) for issuance of a Writ of Certiorari quashing and setting aside the Land Acquisition Proceeding under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 arising out of the undated Notification for acquisition of 214.61 acres of land in Taliha to Tato and all consequential actions of the respondent authorities emanating therefrom and (iv) for issuance of a Writ in the nature of Mandamus directing the respondent authorities to grant its approval to the alternate alignment proposed by the petitioners for construction of the Taliha-Tato Road via Payeng through route of Nimpu village through Silin river.

3) In this PIL the petitioners are seeking for a direction from the Court to the respondent authorities for an alternative survey of the road from Taliha to Tato via Nimpu through Silin River, stating that presently, the proposed road, for which the respondent Nos. 8 and 9 have submitted the Detail Project Reports(DPR) for the road from Taliha to Tato via Payeng through route of Sissi/Sike River are without any field visit or assessment of any alternative road and without affording the local community to participate in the decision making process, thereby such reports of respondent Nos. 8 and 9 are arbitrary and without any rationality.

4) The contentions of the petitioners are that they are seeking such alternative survey for the change of the Taliha to Tato Road via Nimpu through Silin River and not the Taliha to Tato Road via Payeng through route of Sissi/Sike River on the ground of (a) feasibility of distance, (b) shorter duration in completion period that is in the interest and benefit of public and (c) the decision of the respondents.

5) The petitioners also stated that the respondent authorities are taking arbitrary decisions since the proposed construction of the said Taliha to Tato Road via Payeng through route of Sissi/Sike River for which survey has already been done, was undertaken earlier in the year 2008 but it could not be completed and was discontinued on 31.03.2017 on account of various issues and that said proposed route for the Taliha-Tato Road has been finalized without affording an opportunity to the local community of participation in the decision making process and also without carrying out a joint survey.

6) According to the petitioners the proposed construction of the said Road from Taliha to Tato via Payeng through route of Sissi/Sike River is not the best and most suitable route for connecting the two points as it is having many drawb