The court affirmed the authority of the Reference Court to enhance land compensation under the LARR Act based on statutory guidelines, confirming the validity of multipliers and solatium in land acquisition cases.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. S.D. Sanjay, learned Senior Counsel cum Additional Solicitor General of India, assisted by Mr. Y. Doloi, learned senior panel counsel for the Govt. of India/appellants and also heard Mr. B. Pathak, learned counsel for the respondent Nos.1-103, Ms. P. Sangita, learned Government Advocate, Arunachal Pradesh, appearing for the respondent No.104 and Mr. D. Soki, learned counsel for the respondent No.105 in L.A. App. No.01/2024.

1.1 Also heard Mr. D. Soki, learned counsel for the appellant, Mr. B. Pathak, learned counsel for the respondent Nos.1-103 and Mr. Y. Doloi, learned senior panel counsel for the Govt. of India/respondent Nos.104-107 in L.A. App. No.03/2024, which is filed by the State of Arunachal Pradesh.

1.2 Also heard Mr. M. Ansari, learned counsel for the appellants and Mr. B. Pathak, learned counsel for the respondent Nos.1-103 in L.A. App. No.04/2024, which is filed by the Deputy Commissioner, Leparada District, Arunachal Pradesh and another.

2. As in all these three appeals, under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013, the appellant(s) have challenged the same judgment and award, dated 19.10.2024, and the order dated 30.10.2024, passed by the learned Reference Authority-cum-Additional District & Sessions Judge, Basar, Leparada District, Arunachal Pradesh (Reference Court) in Basar Reference Case No.02/2024, it is proposed to dispose of all the three appeals, being L.A. App. Nos. 01, 03 and 04/2024 by this common judgment and order.

3. It is to be noted here that vide impugned judgment and award dated 19.10.2024, and the order dated 30.10.2024, the learned Reference Court had allowed the reference petition, filed by the petitioners/respondents herein and enhanced the market value of the acquired horticultural land at Rs.500/- per sq.m., instead of earlier awarded market value of Rs.150/- per sq.m., as awarded by the proforma respondent, the Deputy Commissioner, Basar, Leparada District. The learned Reference Court has also awarded other statutory benefits of multiplication factor 2 on the market value with 100% solatium on enhanced market value along with interest @12%, under Section 30(3) read with Section 69 (2) as well as Section 72 and 80 of the LARR Act, 2013 on enhanced rate as statutorily provided @9% for first year and thereafter, @15% per annum, respectively.

3.1. For ready reference the impugned award is reproduced herein below:-

AWARD....

185. In view of the material exhibits of the parties, oral evidence as well as oral and written argument, the Awarded rate made by the Collector in his calculation at the rates of Rs. 150, is enhanced to rate of Rs. 500/- as an enhanced market value determined herein with recourse to provisions of Section 69 of the LARR Act, 2013 read with Section 26 of the LARR Act, 2013. And the petitioners should be compensated, accordingly, at the said enhanced rates.

186. Therefore, the compensation for market value payable to the petitioners shall be determined at the round off rate of Rs. 500/- per sqm. which would, thus, stand at around Rs. 1,08,65,80,933/- for total area of 21,73,161.866 sqm. of area acquired as acquired under category of Horticulture land instead of the earlier determined compensation of Rs. 32,59,74,250.80/-. The amount is to be deposited in this Court within one month after proper calculation by the DC Lepara