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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
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 petitioner has been presented by one petitioner in a representative capacity on behalf of the villagers of Lohitpur village in the District of Lohit, Arunachal Pradesh. The members belong to Tindya, Kathak, Tamai and Boo clans and the petitioner has also annexed power of Attorneys to represent themselves in the present petition.
3. As per the projected case of the petitioner, from the time of their ancestors, they were in possession of an area of land out
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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