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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
| Table of Content |
|---|
| 1. petition for land acquisition and compensation. (Para 1 , 2) |
| 2. petitioners argue for unpaid compensation post occupation. (Para 3) |
| 3. arguments for compensation and land rights. (Para 4 , 5 , 6) |
| 4. defense against claims of illegality. (Para 7 , 8 , 9) |
| 5. court's examination of legal possessions. (Para 10 , 11 , 12 , 13 , 14) |
| 6. constitutional rights related to land. (Para 15 , 16 , 17) |
| 7. directive for land requisition process. (Para 18 , 19) |
| 8. final order allowing the writ petition. (Para 20 , 21 , 22) |
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 Kam
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.
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