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2026 Supreme(Gau) 770

THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN, BUDI HABUNG, JJ.
Wangkom Lowang and Ors. Son of Shri Wapong Lowang - Appellant
Vs.
The State of AP and Ors. - Respondent
WA No. 3, 8 of 2026, WA No. 16, 18 of 2026
Decided On : 25-05-2026

Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Koyang
For the Respondent: Mr. N. Ratan, Add. A.G., Mr. R. Saikia, Standing Counsel, Highway Department, Mr. M. Kato, DSGI

The principle of administrative finality prohibits reopening concluded land acquisition proceedings where compensation has been fully determined, disbursed, and accepted. Subsequent judicial interpretations or prospective legislative amendments cannot be utilized to unsettle long-settled transactions, as such actions would destabilize public projects and create fiscal uncertainty.

Headnote:(A) Land Acquisition - Compensation - Solatium and Interest - Concluded Acquisitions - Reopening of Proceedings - Finality of Administrative Action - Principles regarding the entitlement to solatium and interest in land acquisition - The Court held that in respect of concluded acquisitions where compensation has been finally determined, accepted, and disbursed, no reopening shall be permissible. Judicial intervention must be balanced to avoid destabilizing public projects and creating fiscal uncertainty. (Paras 12, 13, 16, 18.2, 18.3, 22)

(B) Statutory Interpretation - Prospective Operation - Legislative amendments regarding compensation rates operate prospectively and do not permit the revival of long-concluded acquisition proceedings. (Paras 19, 20)

Facts of the case:
Appellants filed appeals seeking additional solatium and interest on compensation for land acquired for infrastructure development. The compensation for the land had been determined, accepted, and disbursed years prior to the claims. The appellants invoked a recent superior court ruling to justify the reopening of these settled claims.

Findings of Court:
The court found that the acquisition processes were fully concluded. Since the compensation was accepted without protest and no proceedings were pending at the relevant time of the finalization of the matter, the settled nature of the concluded acquisitions could not be disturbed.

Issues: Whether long-concluded land acquisition proceedings, where compensation has already been paid and accepted, can be reopened to award additional solatium and interest based on subsequent judicial interpretations.

Ratio Decidendi: The court ruled that the principles of finality in administrative action preclude the reopening of concluded acquisitions. Reopening settled matters would cause fiscal uncertainty and disrupt public infrastructure projects. Furthermore, legislative changes enacted after the conclusion of acquisitions are prospective and do not retroactively apply to closed cases.

Result: Appeals dismissed.

Table of Content
1. procedural context for land acquisition compensation claims. (Para 1 , 2 , 3)
2. arguments regarding the retroactive application of solatium to concluded land acquisitions. (Para 4 , 5 , 6)
3. appellate scrutiny of lower court rulings on the finality of settlement processes. (Para 7 , 8 , 9 , 10 , 11)
4. finality of administrative actions and non-retroactive application of judicial precedents. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
5. prospective application of legislative amendments and dismissal of claims lacking merit. (Para 19 , 20 , 21 , 22 , 23)

JUDGMENT & ORDER :

Heard Mr. S. Koyang, learned counsel for the appellants in all the 15 appeals and Mr. N. Ratan, learned Additional Advocate General, Arunachal Pradesh, for the respondent Nos. 1-3. Also heard Mr. R. Saikia, learned Standing Counsel, Highway Department, for the respondent No. 4 and Mr. M. Kato, learned DSGI, for the respondent No. 5, in all the 15 appeals.

2. By this common judgment and order, it is proposed to dispose of Writ Appeal Nos. 03(AP)/2026; 04(AP)/2026; 05(AP)/2026; 06(AP)/2026; 07(AP)/2026; 08(AP)/2026; 09(AP)/2026; 10(AP)/2026; 11/(AP)2026; 12/ (AP)2026; 13(AP)/2026; 14(AP)/2026; 15(AP)/2026; 16(AP)/2026; 17(AP)/2026 and 18(AP)/2026; as, in all these appeals, the challenge is the Judgment and Order of the learned Single Judge, dated 19.11.2025, in WP(C) Nos. 392(AP)/2023; 411(AP)/2025; 413(AP)/2025; 466(AP)/2024; 25(AP)/2024; 30(AP)/2024; 475(AP)/2022; 245(AP)/2023; 412(AP)/2025; 270(AP)/2023; 247(AP)/2023; 207(AP)/2024; 246(AP)/2023; 445(AP)/2022; 244(AP)/2023; is assailed.

Background Facts:-

3. “The appellants have private land, located at Tirap district, which were acquisitioned for construction and widening of existing Khonsa to Hunkanjuri road, measuring 35 km in length and 24 meters in width, from Khonsa petrol pump to Hunkanjuri, under Trans Arunachal Highway (TAH). The appellants were paid compensation for acquiring their private land, but they had not been paid solatium amount, at the time of payment of compensation, which, they are entitled to, under the law.

Then being aggrieved, they approached this Court by filing writ petition Nos. 392(AP)/2023; 411(AP)/2025; 413(AP)/2025; 466(AP)/2024; 25(AP)/2024; 30(AP)/2024; 475(AP)/2022; 245(AP)/2023; 412(AP)/2025; 270(AP)/2023; 247(AP)/2023; 207(AP)/2024; 246(AP)/2023; 445(AP)/2022; 244(AP)/2023; with a prayer for issuing direction to the respondents for payment of solatium and interest on solatium to the petitioners, as entitled to under the law.

But, the learned Single Judge, vide Judgment and Order, dated 19.11.2025, in WP(C) Nos. 392(AP)/2023; 411(AP)/2025; 413(AP)/2025; 466(AP)/2024; 25(AP)/2024; 30(AP)/2024; 475(AP)/2022; 245(AP)/2023; 412(AP)/2025; 270(AP)/2023; 247(AP)/2023; 207(AP)/2024; 246(AP)/2023; 445(AP)/2022; 244(AP)/2023; has dismissed the same. The being aggrieved, they have approached this Court, by filing the present appeals.

The Contention of the appellants in the before the learned Single Judge:-

4. It is the contention of the appellants that they are entitled to 100% solatium with interest, even after closure of the acquisition proceeding or disbursement of acceptance of the compensation amount, in view of paragraph No. 28, of the Judgment of 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. wherein, it is stated that -

28. In respect of concluded acquisitions where compensation has been finally determined, accepted and disbursed, no reopening shall be permissible. The impugned judgment of the High Court is therefore set aside, to that extent. However, in all matters which remain pending either before the competent authority or before a Court/Tribunal, the compensation shall be recomputed to include solatium and interest as above."

The further contention of the appellants before the learned Single Judge is that in the case of Mihin Laling (Supra), it w

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