Concluded acquisitions under the old regulation preclude reopening for additional compensation, including Solatium, after acceptance of initial compensation.

JUDGMENT & ORDER :

MITALI THAKURIA, J.

Heard Mr. D. Laji, learned counsel for the petitioner and Mr. N. Ratan learned Additional Advocate General, Arunachal Pradesh for the State respondent Nos. 1 and 3. Also heard Mr. R. Saikia, learned Standing Counsel, Highway for the respondent No.4 as well as Mr. M. Kato, learned DSGI for the respondent No.5.

2. This writ petition has been filed by the petitioner for payment of Solatium @ 100% of the compensation paid to the petitioner for the land that have been acquired by the respondent authorities from him under Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 (the Jhum Regulation, of 1947, in short) and accordingly, prayed for a direction to the respondent authorities for payment of Solatium amount to the petitioner @ 100% of the compensation amount.

3. It is submitted by Mr. D. Laji, learned counsel that the land of the this petitioner was acquired for construction of existing road to 2 lane NH standards along with improvement and re-alignment starting from Potin to Godak (part of Trans Arunachal Highway). The land of the petitioner was accordingly acquisitioned as per Government Notification No. LM-14/2014 dated 17.02.2014. Accordingly, the compensation amount has already been disbursed, which was accepted by the petitioner, but, he was not provided with the Solatium for the land and properties acquired by the respondents.

4. Mr. Laji, learned counsel for the petitioner further submitted that as per Government of Arunachal Pradesh Notification No. LM.20/2005 (Pt) 1546 dated 20.03.2014 through the Secretary-cum-Revenue Commissioner, Land Management Department, Government of Arunachal Pradesh, Itanagar for extension of the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013 in Arunachal Pradesh. Since, the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013 has been extended to the State of Arunachal Pradesh, the petitioner is entitled to get payment of Solatium as provided under Section 30 of the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013.

5. Further, the Ministry of Road, Transport and Highway has also issued a guideline vide No.NH-11011/30/2015-LA dated 28.12.2017 regarding the payment of compensation and Solatium and as per the guideline for payment of Solatium @ 100% of the compensation amount in addition to compensation has been illustrated and method of calculation of the Solatium also illustrated in the said guideline. But, in the instant case, the substantial right provided under Section 30 of the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013 has been violated by not paying the Solatium to the petitioner as entitled under the law and for which the present writ petition had to be instituted by the petitioner seeking a direction for payment of Solatium to the respondent authorities.

6. Mr. Laji, learned counsel further submitted that the Hon’ble Supreme Court in Civil Appeal Nos. 11884-11888/2025 arising out of SLP(C) Nos.9585-9589/2023 (State of Arunachal Pradesh and Anr., Vs. Mihin Laling & Ors.,) has observed in paragraph 28 of the judgment that even after the acceptance or disbursement of the compensation amount, the petitioner is protected and the compensation can be recomputed to include Solatium and interest. Paragraph 28 of the said judgment read as under:--

“28. In respect of concluded acquisitions where compensation