Dorjee Tsering and 9 Ors v. The Union of India and 8 Ors

ORDER Date : 06.11.2024 Heard Mr. B. Picha, learned counsel for the petitioners. Also heard Mr. M. Kato, learned DSGI for the Union of India; Mr. D. Kamduk, learned Standing Counsel, Land Management Department representing the respondent Nos. 7 & 8 and Mr. Y. Riram, learned Government Advocate representing the State respondents.

¶2This is an application under Article 226 of the Constitution of India for issuance of a writ of Mandamus or any other appropriate writ, order of direction of the like nature for the protection and enforcement of petitioner's legal and Constitutional right.

¶3In brief the case of the petitioners is that since 1960s and 1980s, the Indian Army and SBI is in occupation of common land of Shar Tso Page No.# 7/10 Community measuring 1,370 (one thousand three hundred seventy) hectares (approx.) at Nagulla, Y-Junction, Klemta, Khamakher, Assam Hill, Bakri Top and Bumla area of Tawang District. As major portion of land of the petitioners have been occupied by the Indian Army, the petitioners have been deprived of their livelihood and other activities of yak grazing and visiting holy sites etc. Being aggrieved, the petitioners have approached the authorities to resolve the long pending issues between the Indian Army and the villagers. Accordingly, a meeting was held on

21.09.2021, wherein, the Defence Estate Officer, Tezpur, assured to survey all Army assets in Tawang District. Despite of full assurance, no survey for above lands of the petitioners was conducted, however, in some of the areas, the Indian Army acquired the land and the acquisition process was initiated. Thereafter, the petitioners have filed several representations before the authority concerned but till date there is no effective order from the department concerned for formal initiation of acquisition process of the land of the petitioners. Initially on 20.04.2023, the petitioners filed their representation requesting for adequate compensation for occupation of land of the petitioners but in spite of the representation made by the petitioners, the concerned department has not taken any initiative to pay compensation to the petitioners or to finalize the formal acquisition of the land of the petitioners.

¶4Mr. Picha, counsel for the petitioners, submitted that the Indian Army, occupying the land, is willing to formally acquire it, as stated in their affidavit-in-opposition. Accordingly, Mr. Picha, learned counsel for the Page No.# 8/10 petiitioners seeks direction to the Deputy Commissioner to initiate process of formal acquisition and to issue necessary directions.

¶5Mr. M. Kato, learned DSGI for Union of India submitted in that regard that In-Principle-Approval of Ministry of Defence is to be obtained first to know the necessity of land to be acquired for the Indian Army, Indian Navy and Indian Air Force etc. Once the necessity of the land is approved i.e., In-Principle-Approval by the Ministry of Defence, the case may be processed for obtaining formal sanction of Govt. of India or from the Ministry of Defence for acquisition of the land for that purpose.

¶6Mr. Kato, learned DSGI, further submitted that the Deputy Commissioner may be directed to initiate the acquisition process only after obtaining the In-Principle-Approval from the Ministry of Defence and completing all necessary formalities. Accordingly, he raises no objection, if the land is acquired by the Indian Army by observing necessary formalities.

¶7Mr. D. Kamduk, learned Standing Counsel, Land Management representing the respondent Nos. 7 & 8 submitted in this regard that the land management department has no objection if the land is acquired by observing all the formalities by the department concerned and the direction may be given to the Army authority to send requisition letter after receiving In-Principle-Approval from the Ministry of Defence.

¶8Mr. Y. Riram, learned Government Advocate representing the State Page No.# 9/10 respondents also raised no objection in acquiring the land of the petitioners by the Indian Army subject to In-Principle-Approval from the Ministry of Defence.

¶9Hearing the submissions made by the learned counsel for both sides and after perusal of the case record and affidavit(s) etc., filed by the respondent's side, it is found that, admittedly the Indian Army had acquired the land of the petitioners, though till date there is no formal acquisition of the land and the petitioners also not provided with any compensation for the acquisition of land by the Indian Army. At the same time, it is also admitted by the Indian Army i.e., respondent Nos. 10, 11 & 12 that they are ready and willing to acquire the land of the petitioners which are in occupation of the Indian Army.

¶10Considering all the aspects of the case and the submissions made by the learned counsel for both sides, the present writ petition is disposed of in the admission stage with a direction to the Deputy Commissioner, Tawang District, to initiate the formal process of acquisition of land subject to receiving In-Principle-Approval of the Ministry of Defence and in that regard the Estate Defence Officer/Indian Army Authority will also send the requisition letter for obtaining In-Principle-Approval from Ministry of Defence.

¶11After observing all necessary formalities, the Deputy Commissioner may take the initiative for acquisition of land of the petitioners formally and to provide the adequate compensation as per The Right to Fair Page No.# 10/10 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

¶12With the above observation, the writ petition stands allowed and is disposed of. JUDGE Comparing Assistant

Page No.# 1/10 GAHC040008892023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/312/2023 Dorjee Tsering and 9 Ors. S/o Lt. Kersang Tsering, Permanent Resident of Village Bumteng, PO Lemberdung, PS Tawang, District Tawang, Arunachal Pradesh. 2: Lham Goley Age: S/o Lt. Leki Wangchu Permanent Resident of Village Khartoth PO/PS Tawang District Tawang Arunachal Pradesh. 3: Sang Tashi Age: S/o Lt. Sonam Tsering Permanent Resident of Village Yubu PO Bomdir Supply PS Tawang District Tawang Arunachal Pradesh. 4: Dorjee Tsering Age: S/o Lt. Sangey Wangchu Page No.# 2/10 Permanent Resident of Village Audung PO Kitpi PS Tawang District Tawang Arunachal Pradesh. 5: Genden Dorjee Age: S/o Lt. Jambey Yeshi Permanent Resident of Village Baikhar PO Kitpi PS Tawang District Tawang Arunachal Pradesh. 6: Lobsang Norbu Age: S/o Lt. Sang Dakpa Permanent Resident of Village Jamkhar PO Kitpi PS Tawang District Tawang Arunachal Pradesh. 7: Yeshi Tsering Age: S/o Lt. Lama Na Permanent Resident of Village Shernup PO Kitpi PS Tawang District Tawang Arunachal Pradesh. 8: Sangey Lungten Age: S/o Lt. Sang Tsewang Permanent Resident of Village Khardung Page No.# 3/10 PO Kitpi PS Tawang District Tawang Arunachal Pradesh. 9: Koncho Dorjee Age: S/o Lt. Khandu Tsering Permanent Resident of Village Khartoth PO/PS Tawang District Tawang Arunachal Pradesh. 10: Rinchin Tsering Age: S/o Sang Phuntso Permanent Resident of Village Shernup PO Kitpi PS Tawang District Tawang Arunachal Pradesh VERSUS the Union of India and 8 Ors. Represented by the Secretary, Ministry of Defence, Sena Bhavan, Govt. of India, New Delhi 110011 2:the Secretary Age: 0 Ministry of Home Affairs Govt. of India North Block Cabinet Secretariat Raisina Hill New Delhi 110001 3:the Directorate General Age: 0 Page No.# 4/10 Defence Estates Raksha Sampada Bhawan Ulaanbaatar Marg Delhi Cantt 110010 4:the Director Age: 0 Intelligence Bureau 35 Sadar Patel Marg New Delhi 110021 5:the Defence Estate Officer Age: 0 Cole Park Road Tezpur PO/PS Tezpur District Sonitpur Assam 784001 6:the Assistant Director Age: 0 Subsidiary Intelligence Bureau (SIB) Ministry of Home Affairs Station Tawang PO/PS Tawang Arunachal Pradesh 790104 7:THE STATE OF AP Age: 0 Represented by the Commissioner/Secretary Land Management Govt. of Arunachal Pradesh Office at Civil Secretariat District Papum Pare Arunachal Pradesh Itanagar 791111 8:the Director Age: 0 Land Management Page No.# 5/10 Govt. of Arunachal Pradesh District Papum Pare Arunachal Pradesh Itanagar 791111 9:the Deputy Commissioner Age: 0 Tawang District Tawang PO Tawang Arunachal Pradesh 790104 10:The General Officer in Commandn Age: 0 5 Mountain Brigade Division Indian Army C/o 99 APO Station Headquarter Tenga PO and PS Tenga West Kameng District Arunachal Pradesh 790001 11:The Commander Age: 0 190 Mountain Brigade Indian Army C/o 99 APO Station Headquarter Tawang PO PS and District Tawang Arunachal Pradesh 790104 12:The Administrative Commander Age: 0 190 Mountain Brigade Indian Army C/o 99 APO Station Headquarter Tawang PO PS and District Tawang Page No.# 6/10 Arunachal Pradesh 79010 Advocate for the Petitioner : Binter Picha, Jumgam Jini,Tao Tarin,L Tsering Advocate for the Respondent : GA (AP), Dugmar Kamduk,SC(Land Management),Elina Perme,Marto Kato,DSGI BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA