Gauhati High Court
Page No.# 1/4 vs Shri Akuli Mipi And 4 Ors on 7 October, 2021
Page No.# 1/4
GAHC010036712020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/196/2021
UNION OF INDIA AND 4 ORS
THROUGH THE SECRETARY MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, CGO COMPLEX, NEW DELHI
2: THE DIRECTOR GENERAL
ITBP
MHA
GOVT. OF INDIA
BLOCK-2
CGO COMPLEX
LODHI ROAD
NEW DELHI
3: THE INSPECTOR GENERAL
NORTH EAST FRONTIER HQ
ITBP
MHA
GOVT. OF INDIA
KHATTING HILL
ITANAGAR
ARUANCHAL PRADESH
PIN-791111
4: THE DIG SHQ
DIBRUGHARH
ITBP
MHA
GOVT. OF INDIA
MOHANBARI
DIST. DIBRUGARH
ASSAM
PIN-786012
5: THE COMMANDANT
Page No.# 2/4
9TH ITBP
LOHITPUR
P.O. TEZU DIST. LOHIT
ARUANCHAL PRADESH
PIN-79200
VERSUS
SHRI AKULI MIPI AND 4 ORS
S/O LT. MANA MIPI PERMANENT R/O VILL. MIPI, P.O. AND P.S. ANINI,
DIBANG VALLEY, DIST. ARUNACHAL PRADESH
2:KATU MIPI
S/O LT. MANA MIPI PERMANENT R/O VILL. MIPI
P.O. AND P.S. ANINI
DIBANG VALLEY
DIST. ARUNACHAL PRADESH
3:LASO MIPI
S/O LT. MANA MIPI PERMANENT R/O VILL. MIPI
P.O. AND P.S. ANINI
DIBANG VALLEY
DIST. ARUNACHAL PRADESH
4:RUSIYA MELO
PERMANENT R/O VILL. MIPI
P.O. AND P.S ANINI
DIBANG VALLEY
DIST. ARUNACHAL PRADESH
5:THE DEPUTY COMMISSIONER/ LAND ACQUISITION AUTHORITY
DIBANG VALLEY
DIST. ARUNACHAL PRADES
Advocate for the Petitioner : ASSTT.S.G.I.
Advocate for the Respondent :
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BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
07-10-2021
The matter is taken up through video conferencing.
Heard Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India
for the appellants. Also heard Mr. A. Chandran, Additional Senior Government
Advocate, Arunachal Pradesh, appearing for the respondent No.5.
This writ appeal has been filed by the Union of India challenging the
judgment & order dated 07.11.2019 passed by the learned Single Judge in
WP(C) No.281(AP)/2019 and WP(C) No.274(AP)/2019. The writ petitions were
filed by the petitioners, who had an award in their favour under the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 in a land acquisition proceeding. Since the amount was
not being paid by the acquisition authority, they had filed the writ petitions,
wherein the learned Single Judge had come to the conclusion that the award
has not been challenged by the Union of India or any other authority either by
way of a reference or an appeal and since there is an award, the amount must
be paid. Aggrieved, the Union of India has filed the present appeal.
After arguing the matter for some time, Mr. R.K.D. Choudhury, learned
Assistant Solicitor General of India prays that he may be allowed to withdraw
this appeal so that he may pursue the matter either by filing a reference under
Section 64 or an appeal under Section 74 of the Act.
In view of the above, the writ appeal is dismissed as withdrawn with
liberty to the appellants to pursue their remedy in accordance with the
Page No.# 4/4
provisions under the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013.
JUDGE CHIEF JUSTICE
Comparing Assistant
