The court ruled that in land acquisition, established multiplication factors must be adhered to, as deviating from them unlawfully denies rightful compensation.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

Three nos. of petitioners have joined together in this petition filed under Article 226 of the Constitution of India, with the following prayer:

“I. A Writ of Certiorari shall not be issued quashing and setting aside the impugned revised estimate cost of compensation prepared for Shungatser to Sulula of Tawang District for the area measuring 3,38,400/- (three lakhs thirty-eight thousand four hundred) Square Meters, amounting to Rs.11,11,98,240/- (Rupees eleven crore eleven lacs ninety-eight thousand two hundred forty).

II. A Writ of Certiorari shall not be of issued quashing and setting aside the impugned letter communication dated 21.03.2022, whereby the Deputy Commissioner, Tawang District, upon preparation of impugned revised estimate, had sent the same to the Director, LM, Government of Arunachal Pradesh, Itanagar, for necessary action.

III. A Writ of Certiorari shall not be issued quashing and setting aside the impugned minute of meeting dated 14.12.2022 drawn by the respondent authority, wherein the respondent authority had conveyed that the villagers have accepted compensation amount of Rs.11,11,98,240/- (Rupees eleven crore eleven lacs ninety-eight thousand two hundred forty).

IV. A Writ of Certiorari shall not be issued quashing and setting aside the impugned Award dated 14.02.2023, where the respondent authority had awarded land compensation amount of Rs.11,11,98,240 /- (Rupees eleven crore eleven lacs ninety-eight thousand two hundred forty) for the area of land from Shungatser to Sulula of Tawang District, measuring 3,38,400/- (three lakhs thirty-eight thousand four hundred) Square Meters.

V. A Writ of Certiorari shall not be issued quashing and setting aside the impugned reply dated 03.11.2023.

VI. A Writ of Mandamus shall not be issued directing the respondent authorities to pass fresh Award in respect of construction of road from Sungetsar to Sulula of Tawang District, by taking 1.2 as multiplication factor.

VII. A Writ of Mandamus shall not be issued directing the respondent authorities to pay compensation to the villagers for construction of road from Sungetsar to Sulula as per the first estimated cost of land, i.e., by taking 1.2 as multiplication factor, with interest thereof and/or pass any other consequential relief and/or pass any other order(s) as your lordship may deem fit and proper.”

2. As per the facts projected, there was a land acquisition proceeding for construction of a road from Shungatser to Sulula under the Zemithang Circle of Tawang District. For the said purpose, the respondent authorities had issued a preliminary notification dated 03.11.2021 for acquisition of land measuring 3,38,400 Sq. Mtrs. under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter referred to as the Act of 2013). In furtherance of the said objective, a Board of four members was constituted, which took a decision to adopt the multiplication factor for the acquisition as 1.2. Such factor was taken in accordance with the notification dated 05.07.2016 issued by the Government. The estimate was accordingly prepared for compensation of Rs.13,21,79,040/- (Rupee Thirteen Crore Twenty-One Lakh Seventy-Nine Thousand and Forty) only, by taking 1.2 as the multiplication factor. There were other charges also included in the estimate. However, without the knowledge of the petitioners, the new incumbent who had joined as the Deputy Commissioner of the District revised the compensation to Rs.11,11,98,240/- (Rupees Eleven Crore Eleven Lakh Ninety-Eight Thousand Two Hundred and Forty) only. The impugned revised compensation was prepared by taking into account the multiplication factor as 1 instead of 1.2, which according to the petitioners is in complete violation of the earlier decision of the Board taken as per the notification dated 05.07.2016. It also transpires that such action was taken as per the verbal direction of the Secretary (Land