GAHC040013462023 2025:GAU-AP:803 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/475/2023

1. Smti Kekpe Rumdo, W/o late Tai Rumdo, Kamcham village, P.O/P.S Likabali, Lower Siang District, Arunachal Pradesh.

2. Shri Tado Rumdo, S/o late Karmi Rumdo, Kamcham village P.O/P.S Likabali, Lower Siang District, Arunachal Pradesh.

3. Shri Tajum Rumdo, S/o late Karmi Rumdo, Kamcham village P.O/P.S Likabali, Lower Siang District Arunachal Pradesh.

4. Shri Tanga Rumdo, late Karmi Rumdo, Kamcham village P.O/P.S Likabali, Lower Siang District Arunachal Pradesh.

..…Petitioners – VERSUS –

1. The State of Arunachal Pradesh, represented by the Secretary, Rural Work Department, Government of Arunachal Pradesh, Itanagar.

2. The Additional Deputy Commissioner cum Executive Magistrate, Likabali, Lower Siang District, Government of Arunachal Pradesh.

3. The Executive Engineer, Rural Work Department, Basar, Camp: Likabali, RWD, Lower Siang District, Govt. of Arunachal Pradesh.

4. M/s Nima Enterprises represented by its Proprietor Shri Kora Mengnia Dabu, village Mengnia, P.O/P.S. Daporijo, Upper Subansiri District, Arunachal Pradesh.

5. M/s IT Enterprises represented by its Proprietor Shri Doi Tarak, S/o late Mardo Tarak, village Liru, P.O/P.S. Likabali, Lower Siang District, Arunachal Pradesh.

6. Shri Sapken Yomgam, President of KCSU, village Kangku, P.O/P.S. Likabali, Lower Siang District, Arunachal Pradesh.

7. Shri Jarcham Ngomle, President of KCGBWA, village Hime, P.O/P.S. Likabali, Lower Siang District, Arunachal Pradesh.

...... Respondents.

Advocate for the Petitioners : Ms. N. Danggen Advocate for the Respondents : Mr. G. Tarak, SC Ms. G. Ete. Addl. Sr. GA.

Date of Hearing& Judgment :26.06.2025 :::BEFORE:::

HON’BLE MR. JUSTICE KARDAK ETE JUDGMENT & ORDER (Oral)

Heard Ms. N. Danggen, learned counsel for the petitioners. Also heard Mr. G. Tarak, learned Standing Counsel for the Rural Work Department, for respondents No.1 and 3 and Ms. G. Ete, learned Additional Senior Government Advocate for respondent No.2. None appears for the private respondents No.4, 5, 6 and 7.

2. By filing this writ petition, the petitioners have challenged the impugned order dated 28.08.2023, passed by the Additional Deputy Commissioner-cum-Executive Magistrate, Likabali, Lower Siang District, whereby the respondent authorities in the Rural Works Department, Government of Arunachal Pradesh and the Construction Agency, have been directed to carry out the construction of a new alignment of the PMGSY Road from Along-Likabali BRO Road to Kangku (30.00 KM), which passes through the private land of the petitioners. The petitioners have also prayed for a direction to the respondent authorities to carry out the construction of the said PMGSY road as per the original DPR or to acquire the land and pay compensation.

3. The brief facts of the case are that the petitioners are the owner of an ancestral private land, measuring 87,628 Sq. Mtrs. located at Kamcham village under Kangku Circle, Lower Siang District, Arunachal Pradesh for which Land Possession Certificate (LPC), being No.DC/LSD/LM/LPC- KM/2022 dated 16.06.2022 has issued by the Deputy Commissioner, Lower Siang District. The Executive Engineer/DPIU-II, Basar, Rural Work Department, issued NIT dated 31.01.2019, for construction of road from Along-Likabali BRO Road to Kangku (30.00 KM) with an estimated cost of Rs.3460.29 lakhs, providing the completion period of 18 months. The work was awarded to one M/s Nima Enterprises, which is currently executing the works.

4. It is the contention of the petitioners that the said road passes through the private land of the petitioners. One Shri Sakpen Yomgam, claiming to be the President of Kangku Circle Student Union, and one Shri Jarcham Ngomgle, President of Kangku Circle Gaon Burah Welfare Association, filed a false complaints to the Deputy Commissioner, Lower Siang District, Likabali, against the son of the petitioner No.1, alleging obstruction of