Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 26 June 2026
Case Overview
- Petitioners: Six landowners – Voterson Moyong, Kaling Mengu, Miloko Ering, Okang Perme, Obang Siram (Tabang Siram) and John Siram – residents of Pasighat and Itanagar, Arunachal Pradesh.
- Respondents: Union of India (Ministry of Railways) and four State authorities – State of Arunachal Pradesh, Director (Land Management), Deputy Commissioner (East Siang), and District Land Revenue & Settlement Officer.
- Project: Murkongselek to Pasighat New Broad Gauge Railway Line (Phase‑II) including a Railway Over Bridge (ROB) in East Siang District.
- Background:
- Addendum Notification dated 11‑09‑2024 directed acquisition of land for the project.
- Public notice dated 08‑10‑2024 invited claims and objections from project‑affected landowners.
- Initial compensation award approved by the Director, Land Management on 14‑10‑2025 for Rs 9,86,92,104 (≈ ₹9.87 cr) covering 22,795.2 sq m of additional land and ROB.
- The Director noted discrepancies (excess land, rate variations, missing owners) and instructed the Deputy Commissioner to re‑verify the ground realities, possibly engaging an expert.
- Instead of a fresh field verification, the Deputy Commissioner issued a second compensation assessment that reduced several component quantities, resulting in a lower compensation amount.
- Notices Issued:
- 29‑12‑2025: Notice under Sec 7(2) RFCTLARR Act directing petitioners to appear with required documents and deed of acceptance for disbursement.
- 26‑02‑2026: Reminder notice demanding deed of acceptance within seven days, warning that compensation would be parked before the designated Court and land handed to N.F. Railway.
- Petitioners’ Pleadings: Sought a fresh verification of the acquired land and a re‑assessment of compensation in their presence, invoking the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act).
- Respondents’ Defence:
- Asserted that circulars dated 19‑07‑2023 and 28‑08‑2023 had convened meetings and informed landowners of the measurement and assessment dates, which were allegedly attended by petitioners.
- Claimed there is no “first” and “second” compensation; the assessment follows the Manual for Land Acquisition in Arunachal Pradesh, 2022, superseding the 2017 notification.
- Stated a Board meeting on 23‑12‑2025 finalized rates, approved on 25‑12‑2025, and notices under Sec 37(2) RFCTLARR Act were served on 29‑12‑2025.
- Reported that out of 26 Project‑Affected Families (PAFs), 18 had accepted compensation; 7 (including the petitioners) refused or failed to submit deeds; one case involved a title dispute.
- Suggested petitioners could seek remedy before the Land Acquisition, Rehabilitation and Resettlement Authority.
Court’s Reasoning
- The Court observed that the Deputy Commissioner mechanically reviewed the earlier assessment without any fresh field verification or stakeholder consultation, contrary to the Director’s 14‑10‑2025 directive.
- No material indicated that a re‑verification exercise was conducted in the presence of the petitioners or that they were given an opportunity to raise objections before the revised assessment.
- The principles of natural justice require a transparent re‑verification and a hearing when an administrative decision materially alters rights, especially a reduction in compensation.
- The Court rejected the respondents’ argument that an alternative statutory remedy sufficed, noting that the grievance pertained to the procedure of assessment, not merely the quantum of compensation.
Final Outcome
- The revised compensation assessment for the petitioners is set aside.
- Notices dated 29‑12‑2025 and reminder notice dated 26‑02‑2026 are also set aside.
- Respondent authorities are directed to conduct a fresh re‑verification of the acquired land and its components in the presence of all stakeholders, including the petitioners, and to reassess compensation strictly per the RFCTLARR Act, 2013 and the Manual for Land Acquisition in Arunachal Pradesh, 2022.
- The fresh verification and reassessment must be completed within 14 days of receipt of a certified copy of this judgment.
- The writ petition is allowed; no order as to costs.
Topics: Land Acquisition, Railway Project Compensation, Natural Justice