GAHC040002872025 2025:GAU-AP:510-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/10/2025

1:Arunachal Primitive Tribal Forest Dwellers Forum and 4 Ors through Age: 0 Occupation :

Address:Shri Techi Hemu Son of Shri Sotek Tachang a permanent resident of Niti Darlong Po and PS Seijosa Pakke Kessang District Arunachal Pradesh presently residing at B Sector near Raj Bhawan Po and PS Itanagar Papum Pare District Arunachal Pradesh.

2: Nyanya Gollo Age: 38 Occupation :

Address:Son of Shri Taniyang Gollo Po and PS Itanagar B Sector Papum Pare District Arunachal Pradesh.

3: Thomas Nabam Age: 34 Occupation :

Address:Son of Shri Nama Nabum resident of Mobuso-I PO and PS Seijosa Pakke Kessang District Arunachal Pradesh.

4: Bampu Nabam Age: 44 Occupation :

Address:Son of Shri Tarum Nabam permanent resident of Village Sochung PO and PS Seijosa Pakke Kessang District Arunachal Pradesh.

5: Chuma Nabam Age: 51 Occupation :

Address:permanent resident of Village Juli Village PO and PS Seijosa Pakke Kessang District Arunachal Pradesh and presently residing at Chimi Village PO RK Mission PS Itanagar Papum Pare District Arunachal Pradesh.

VERSUS The State of AP and 6 Ors Age: 0 Occupation :

Address:represented by the Chief Secretary Govt of Arunachal Pradesh Itanagar.

2:The Principal Secretary cum Principal Chief Conservator of Forest Age: 0 Occupation :

Address:Govt of Arunachal Pradesh Itanagar.

3:The Commissioner / Secretary Age: 0 Occupation :

Address:Department of Power Govt of Arunachal Pradesh Itanagar.

4:The Commissioner / Secretary Age: 0 Occupation :

Address:Land Management Govt of Arunachal Pradesh Itanagar.

5:The Commissioner / Secretary Age: 0 Occupation :

Address:Tribal Affairs Govt of Arunachal Pradesh Itanagar.

6:The Chief Executive Officer/ Sr Deputy General Manager and Central Public Information Officer Age: 0 Occupation :

Address:Power Grid Corporations of India Ltd Itanagar.

7:The Deputy Commissioner Age: 0 Occupation :

Address:Pakke Kessang District Arunachal Pradesh.

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Advocate for : N Rama Advocate for : GA (AP) appearing for The State of AP and 6 Ors: Advocate , appearing for 2, 3, 4, 5, 6, 7, respectively.

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER For the appellants : Mr. A. Kashyap, Advocate.

For respondent Nos.1 to 5 and 7 : Mr. N. Ratan, Addl. A.G.

: Mr. L. Perme, standing counsel.

For respondent No.6 : Mr. N. Khera.

Date of hearing : 09.04.2025, 10.04.2025.

Date of judgment : 24.04.2025.

JUDGMENT AND ORDER (CAV (Y. Longkumer, J)

Heard Mr. A. Kashyap, learned counsel for the appellants in both the appeals. Also heard Mr. N. Ratan, learned Addl. Advocate General for the State respondent nos. 1 to 5 and 7 assisted by Mr. L. Perme, learned standing counsel for the power Department and Mr. N. Khera, learned counsel for respondent nos. 6.

2) By filing these two Intra-Court appeals, the appellants have assailed the common judgment and order dated 28.01.2025, passed by the learned Single Judge, in W.P.(C) No. 32(AP)/2024and W.P.(C) No. 78(AP)/2024, thereby dismissing the said two writ petitions.

3) The case of the appellants, in the writ petition, in brief, are as follows: -

a. The appellants claim to have Land Possession Certificates in respect of their respective land holding. The Power Grid Corporation of India has proposed project to draw-up high-tension power lines, a part of which traverses through Reserve Forest area, where the petitioners claim to have two-fold rights over the subject matter Reserve Forest land, viz., (a) as land owners and possessors, and (b) also under the Scheduled Tribes and other Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter referred to as “the 2006 Act” for brevity. For the said project, the Government of Arunachal Pradesh was required to provide right of way.

b. The Commissioner of Power, Govt. of Arunachal Pradesh, had issued a notification dated 29.08.2019, regarding rates of payment of compen