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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Tukpen Village Council (TVC), represented by Shri D.K. Thongdok – Appellant
Versus
Union of India, Represented by the Secretary, Ministry of Defence, Govt. of India – Respondent
| Table of Content |
|---|
| 1. overview of land acquisition disputes and jurisdictional scope. (Para 1 , 2 , 3 , 4) |
| 2. parties' contentions regarding compensation, due process, and evidentiary records. (Para 5 , 6 , 7 , 8 , 9 , 10 , 13 , 16) |
| 3. disputed factual questions are non-adjudicable under article 226. (Para 11 , 12 , 14 , 15) |
| 4. suitability of civil courts for adjudicating disputed land compensation claims. (Para 17 , 18 , 19) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
Both these writ petitions being connected and filed on an analogous cause of action, the same have been heard together and are disposed of by this common judgment and order. The claim in these writ petitions is with regard to compensation for acquisition of land, the process of which started in the year 1962 and the lands appear to have been finally acquired sometime in the year 1972-73.
2. For the sake of clarity, the reliefs prayed for in one of the writ petitions, being WP(C)/187/2023 are extracted hereinbelow:
“PRAYER
In the premises aforesaid, it is most respectfully prayed that Your Lordships may be pleased to
I. Declare the Letter of Ministry of Defence No. A/83676/TENGA/Q3L [East]/498-SD [Lands] dated 18.09.1971 [Annexure-6], the D
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