Once possession of land is taken for acquisition, the government cannot cancel the acquisition process without proper compensation and procedure under the RFCT & LARR Act, 2013.

JUDGMENT

Date : 19-03-2021

Heard Mr. R. Saikia, learned counsel appearing for the petitioner and also heard Mr. K. Ete, learned Sr. Additional Advocate General appearing for the respondents No. 3 assisted by Ms. G. Ete, learned Addl. Senior Government Advocate, Mr. D. Kamduk, learned Standing counsel, Land Management department appearing on behalf of the respondents No. 1 & 2 and Mr. M. Kato, learned ASGI appearing for the respondents No. 4 to 8.

2. The facts and circumstances which led to the filing of this writ petition are briefly stated as follows;

2.1. Vide letter dated 18.02.2010, the Colonel, Headquarters, 2 Mountain Division requested the Commissioner, Land Management, Government of Arunachal Pradesh for acquisition of land measuring 105.14 acres at Dibang Valley District for the purpose of accommodating Army units, logistic bases etc. Accordingly, the Commissioner (Land Management), Government of Arunachal Pradesh directed the Deputy Commissioner, Dibang Valley at Anini, vide his letter No. LM-36/2010/938, dated 16.08.2010 to submit a proposal. Thereafter, the Director, Land Management, Government of Arunachal Pradesh vide his letter No. LM-36/2010/3433, dated 20.03.2012, also requested the Deputy Commissioner, Dibang Valley to identify and arrange joint inspection of the land. Following the steps taken thereafter, the land of the petitioner measuring 105.14 acres situated at Koyla village in Dibang Valley was handed over to the Indian Army by the Deputy Commissioner, Dibang Valley for 5(five) years on lease for the period 2012- 2017 and pursuant thereto, the 19 JAK RIF of Indian Army (2 Mountain Division) occupied the land but without making any payment. Since no rent was received, the petitioner asked the respondents to acquire the land or else allow him to re-possess the same. In the year 2016, the Deputy Commissioner, Dibang Valley District, who is the land acquisition authority of the District, initiated land acquisition process under section-10 of the Jhum Land Regulation, 1947 . Thereafter, the Deputy Commissioner, vide his letter No. DV/LM-171/16-17/8394-599, dated 23.09.2016, forwarded the purpose notification under section-10 of the Jhum Land Regulation, 1947 , for acquiring the land of the petitioner for logistic Base and accommodation of the Indian Army to the Director of Land Management. The above stated action of the Deputy Commissioner was prompted by the letter dated 30.04.2015, of the Under Secretary, Ministry of Defence, Government of India which conveyed the In-Principle approval/endorsement of the Raksha Mantri for acquisition of the land. On received of the proposed notification, the Deputy Director, Land Management, Government of Arunachal Pradesh requested the Deputy Commissioner, Dibang Valley to re-submit the proposal along with sketch map/strip plan for taking further necessary action, vide his letter No. LM-327/2016/992 dated 07.11.2016. In compliance thereto, the Deputy Commissioner, Dibang Valley submitted the same to the Director, Land Management, Government of Arunachal Pradesh, vide his letter No. DV/LM-171/2016-17/1023-26, dated 06.12.2016.

2.2. Thereafter, the Deputy Commissioner, Dibang Valley District at Anini vide his letter No. DV/LM/171/16-17/10025-30, dated 18.11.2016 once again forwarded the notification under section 10 of the Jhum Land Regulation, 1947 for approval of the same. Subsequent thereto, the Secretary of Land Management, Government of Arunachal Pradesh issued the notification under section 10 for acquiring the land under Balipara, Tirap, Sadiya Frontier Tract Jhum Land Regulation vide his Office Memo No. LM-327/2016, dated 18.01.2017 wherein the D