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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI
Sangley Gombu S/o Dorjee Norbu – Appellant
Versus
Union of India Represented by the Secretary, New Delhi – Respondent
JUDGMENT :
1. The instant writ petition has been filed with the following prayers.
“I. a writ of mandamus shall not be issued directing the respondents to acquire the land of the petitioners, measuring more than 11.65 Acres located at Jyotinagar and Dirang, under Dirang Division of West Kameng District, Arunachal Pradesh, by way of acquisition process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
“II. A writ of mandamus shall not be issued directing the respondents to return the land of the petitioners, measuring more than 11.65 Acres located at Jyotinagar and Dirang, under Dirang Division of West Kameng District, Arunachal Pradesh, within 2 (two) months after payment of adequate compensation from the date when they have illegally occupied the land of the petitioners, if the respondents do not want to acquire it by way of acquisition process.
“III. Pass any other order/orders as your lordship may deem fit and proper”.
2. It is the projected case of the petitioners that in the year, 1965, the Indian Army has forcefully occupied the land of the petitioners which measured more than 10 Acres at Dirang in the West Kameng
The right to property is constitutional under Article 300-A, mandating government acquisition or compensation for land occupation.
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.
Possession of land without legal authority by state entities necessitates acquisition or compensation, respecting the customary rights of indigenous communities.
Public authorities must follow statutory procedures for land acquisition; failure to do so violates constitutional rights.
The court emphasized that land acquisition must follow due process, and failure to do so renders the acquisition invalid, protecting the property rights of individuals.
If right of property is a human right as also a constitutional right, same cannot be taken away except in accordance with law. Article 300-A of Constitution protects such right.
Government actions for land acquisition must comply with due process; without a valid notification, interference with private land holdings is unlawful.
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