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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
SANJAY KUMAR MEDHI
Cholingso Kora Son of Late Torelum Kora – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background regarding land possession and community claims. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by both parties regarding land rights. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court's observation on compensation and illegal possession. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. direction by the court for resolving land possession issues. (Para 27) |
| 5. conclusion and ruling of the court. (Para 28 , 29) |
JUDGMENT & ORDER :
SANJAY KUMAR MEDHI, J.
The instant writ petition has been filed with the following prayers.
“I. A petition under Article 226 of the Constitution of India for issuance of a writ in the nature of Mandamus and/ or Certiorari and/ or any other appropriate order or direction to the official respondents, namely, Union of India through the Department of Defence and Indo Tibetan Border Police (hereinafter referred to as “ITBP through the Commandant 9th Bn ITBP to take appropriate steps and regularize their illegal possession over the petitioner’s land by means of land acquisition under the RFCT Act, 2013 or in the alternative to vacate the land and pay damages/compensation for illegal occupation of petitioner’s land.
2. The
Possession of land without legal authority by state entities necessitates acquisition or compensation, respecting the customary rights of indigenous communities.
The right to property is constitutional under Article 300-A, mandating government acquisition or compensation for land occupation.
The State cannot dispossess individuals of property without proper legal processes, affirming the entitlement to compensation for land occupied without due course of law.
The obligation of the State to ensure just and reasonable compensation for the deprivation of property, as per the Constitution and relevant statutes.
Petitioners are entitled to rental compensation for unauthorized occupation of land by the Indian Army from 1980 to 2021, to be assessed and disbursed by the Deputy Commissioner.
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.
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.
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