Tribals manhandled for opposing land takeover by the govt. in Itanagar
Miss Jape Apora & 2 ors versus the State of Arunachal Pradesh,Writ Petition (C) no. 97 of 2017, Gauhati High Court, permanent of Itanagar
Miss Jape Apora & Ors are from Arora Clan of (Mishimi Tribe) are the land owner of the community located at Ekungo and Munli area which are being acquired for the Dibang Multipurpose hydro power project (DMP) by national hydro power corporation Pvt Ltd govt of india enterprises. The petitioners are in possession of the said community land (ancestrally inherited). Accordingly, they have been filing various representations to the concern authority since notification issued under section 4 of the land acquisition Act. the govt. of Arunachal Pradesh, office of deputy commissioner, lower Dibang valley district, roing issued a notification vide office no. DR/LR-182/13/33283-483 dated 25/01/2016 under Sec.9 of the land Acquisition Act, 1894 declaring that the government is intends to take possession of the scheduled land for public purpose i.e for execution of Dibang Multipurpose project and requested the public to submit in written objection if any relating to the aforesaid land acquisition within 21 days from the date of issue of notice and the petitioners being a land owner filed their objection before District Administration on dated 08/02/2016 saying that they are ready to be part the land and in lieu including in the project affected families and adequate land compensation should be paid to the land owner, and same has been receipt by the respondent authority. That in pursuant to aforesaid notification under section 9 of land Acquisition Act, the date for hearing was fixed on 11-04-2016 and 12-04-2016 and notice was issued to several project affected family including petitioners. However, on the Date of hearing process the petitioners were manhandled, abused and not allowes to participate in hearing by some vested interest person who doesn’t want petitioners to participate in the hearing process. Thereafter petitioners lodge FIR against those persons who manhandled, abused and not allowed them to participate in hearing. The petitioners were not given ample opportunity to place their case as they were not heard. This is a clear violation of principle of nature justice and constitutional land rights.
Miss Jape Apora & 2 ors Vs state of A.P & Anv WP(C) no.97 (AP) 2017 The petitioners case, precisely, is that they have inherited a plot of land from the time of their forefathers. The Deputy Commissioner, Lower Dibang Valley District,/ Respondent no.2. herein issued a notice under section 9 of land Acquisition Act, 1894, thereby notifying the interested persons to state their claim and objections, if any, within 21 days for acquisition of the said community plot of land for DMP (NHPC Ltd). In pursuance to the said notice, respondent no.2 issued another notification, dated 22.03.2016 for final hearing for determination of land ownership. In response thereto, the petitioners filed their objection before the respondent no.2 on 08.02.2016 with request to include their names in the list of project affected families and further, to pay adequate compensation for acquisition of their said community land.
Accordingly, the date of hearing was fixed on 11.04.2016 and 12.04.2016 however, on the date of hearing, when the petitioners went to the office of the respondent no.2, they were assaulted by some miscreants and therefore, the hearing could not take place. Therefore, the petitioners have prayed that their representation, dated 08.02.2016, be directed to be disposed of by the respondent no.2 the deputy commissioner, lower Dibang valley district.
Mr. D.soki, learned counsel appearing on behalf of the state respondents has submitted that the respondents should be given an opportunity to consider and dispose of the representation submitted by the petitioners so that no injustice is caused to them for acquisition of their community land.
In view of the above, the respondents, more particularly, the respondent no.2 the deputy commissioner, lower Dibang valley district is directed to dispose of the representation dated 09.02.2016 and directed to dispose of the representation dated 08.02.2016 and other various representations of the petitioners, with well reasoned order, after affording reasonable opportunity of being heard to them within a period of 2 months from the date of receipt of certified copy of this order.with the above direction, this writ petition stands disposed of.
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