ORDER

27.10.2022 Date :

Heard Mr. S. Koyang, learned counsel for the petitioners.

Also heard Mr. I. Riram, learned Government Advocate representing respondent Nos. 1 & 3 and Mr. D. Kamduk, learned standing counsel representing respondent No.2; Mr. M. Kato, learned DSGI for respondent No.5.

3. This writ petition has been filed seeking a direction to the respondents for payment of solatium amount to the petitioners @ 100% of the compensation amount, which the petitioners have received pursuant to an acquisition of land made in terms of the notification dated 25.10.2016 issued by the Secretary (Land Management, Government of Arunachal Pradesh) vide Memo No. LM-312/2016, issued under Section (10) Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947, for acquiring land starting from Talo village at 20 KM to 50 KM towards Koloriang in existing Joram-Koloriang road.

4. The petitioner No.1 is stated to have received a sum of Rs. 31,31,399/- (Rupees Thirty One Lakh Thirty One Thousand Three Hundred Ninety Nine only) and the petitioner No.2 is stated to have received a sum of Rs. 4,91,114/- (Rupees Four Lakh Ninety One Thousand One Hundred Fourteen only) respectively, in terms of the land acquisition made pursuant to the notification referred herein above.

5. When this matter was taken up on 28.09.2022, this Court, had passed the following order:-

“Pursuant to Notification dated 25.10.2016, issued by the Secretary (Land Management Department), Govt. of Arunachal Pradesh, vide Memo No. LM- 312/2016, under Section (10) of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947, for acquiring land starting from Tallo village at 20 Km to 50 Km towards Koloriang existing Joram-Koloriang road; the petitioner No. 1 was paid a compensation amount of Rs. 31,31,399/- (Rupees Thirty One Lakh Thirty One Thousand Three Hundred Ninety Nine only) and the petitioner no. 2 was paid a sum of Rs. 4,91,114/- (Rupees Four Lakh Ninety One Thousand One Hundred Fourteen only) for the acquisition of lands and properties by the respondent authorities from the petitioners without, however, paying solatium.

It is the contention of the learned counsel for the petitioners that whether for the lands acquired under Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947; solatium would be required to be paid or not, has been settled by a decision of a Division Bench of this Court, dated 12.09.2022, passed in WA No. 15/(AP)2022.

Learned counsel for the petitioners, therefore, submits that since this is a settled position of law that land acquired under Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947, shall also be entitled for payment of solatium, this writ petition can be disposed at the stage of motion hearing itself.

The learned counsels for the respondents without denying the law laid down by this Court in the judgment and order, dated 12.09.2022, passed in WA No. 15/ (AP)2022, Mr. D. Kamduk, learned Standing counsel for the Land Management Department representing respondent no. 2 and Mr. M. Kato, learned DSGI for the respondent no. 5, however, prays for one opportunity to find out from the respondent authorities, whether the petitioners, herein, were actually paid the compensation amount as indicated by the petitioners for the lands and properties acquired by the respondent authorities from the petitioners, pursuant to the Notification dated 25.10.2016, issued by the Secretary, Land Management Department, Govt. of Arunachal Pradesh, vide Memo No. LM-312/2016, under Section (10) of Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 and upon verification, if it is found that the petitioners were paid the compensation amount for the lands and properties acquired by the respondent authorities pursuant to the Notification dated 25.10.2016; the petitioners would be entitled to a solatium as well, in view of the decision of this Court rendered in WA No. 15/

(AP)2022.

In view of the matter, let notice be issued on the responde