Reshmi Yalla Wife of Shri Siku Mimi v. State of AP
2025-08-22
KARDAK ETE
body2025
DigiLaw.ai
JUDGMENT : 1. Heard Mr. D. Mazumder, learned Senior Counsel assisted by Mr. P. Borah, learned counsel for the petitioners. Also heard Mr. Y. Riram, learned Government Advocate for the State respondent Nos. 1, 2 & 3 and Mr. D. Das, learned Senior Counsel assisted by Mr. K. Saxena, learned counsel for the respondent Nos. 4 to 8. 2. By filing these present writ petitions, the petitioners have prayed for a direction to the respondent authorities to include their names as Project Affected Family (PAF) for compensation of community land at Emuyi village in the District of Dibang Valley, Arunachal Pradesh, which has been acquired for the construction of “3097 MW Etalin Hydro Electric Project.” 3. In view of the similarity of the matter in both the writ petitions, same were heard together and are disposed of by this common judgment and order. 4. The case in brief is that the petitioners are the daughters of 2 (two) brothers, Late Nukili Yalla & Late Nibu Yalla, who were original inhabitants and permanent residents of Emuyi Village, Dibang Valley District, Arunachal Pradesh. The petitioners, having since married, are residing with their respective spouses/families in different villages. Their great-great-great-great-great- grandfather Lt. Ekuthi Yalla, was the father of Late Muyee Yalla and Late Amugu Yalla. The respondents, being the cousins of the petitioners and the members of the village society, are the common descendants of the great-great-great-great-great-grandfather of the petitioners. 5. The Department of Land Management, Government of Arunachal Pradesh, issued a notification dated 22.10.2013 for acquisition of 833.51 hectares of land for execution of 3097 MW Etalin-Hydro Electric Power Project. Pursuant thereto, the details of the Project Affected Area were notified. After the approval for establishment of said Hydro Electric Power Project at Dri and Tali rivers under Anini Circle, the District Administration conducted a survey of Emuyi Village area, wherein a total extent of 15.22 hectares and 75.60 hectares of Emuyi community land was proposed to be acquired for the said project. The compensation for the said Emuyi community land was accordingly assessed to the tune of Rs. 2,45,67,840/- and Rs. 12,54,02,525/-. 6. It is the contention of the petitioner that their names were initially included as beneficiaries in the list of Project Affected Families in respect of the aforesaid project as assured verbally by the fellow villagers and community members regarding their rightful share of compensation.
2,45,67,840/- and Rs. 12,54,02,525/-. 6. It is the contention of the petitioner that their names were initially included as beneficiaries in the list of Project Affected Families in respect of the aforesaid project as assured verbally by the fellow villagers and community members regarding their rightful share of compensation. However, for reasons best known to the authorities and the villagers, their names were removed from the list of Project Affected Families. The petitioners are entitled to get the compensation against the community lands as their fathers were members of the community of Emuyi village having equal rights over the community land/property. The mere fact that the petitioners have no male siblings to inherit their fathers’ rights over the community land by default upon their death, their rights did not get extinguished as the daughters have every right to claim compensation over the ancestral/community land of their fathers. Therefore, the name of the petitioners ought to have been included in the list prepared for compensation of the community land. 7. The petitioners had approached the District Administration on several occasions requesting to include their names in the list of Project Affected Families, but such efforts proved futile. Eventually, the petitioners submitted a representation dated 25.10.2023 to the Deputy Commissioner, Dibang Valley praying for inclusion of their names in the Project Affected Family list for compensation in the land acquired for the said hydro-electric power project. Thereafter, the Deputy Commissioner passed the final award under Section 11 of LAND ACQUISITION ACT , 1894 in respect of the land acquired for the 3097 MW Etalin Hydro Electric Project with a total compensation amount of Rs. 1,87,30,96,456/-, vide order dated 20.07.2015. 8. During the pendency WP(C) No. 167(AP)/2024 and pursuant to the order of this Court dated 02.04.2025, the Deputy Commissioner, Dibang Valley District, vide order dated 16.04.2025, disposed of the representation dated 25.10.2023, filed by the petitioners, whereby the claim of the petitioners for inclusion in the Project Affected Family list of Emuyi community land has been rejected. Against the said order dated 16.04.2025, a subsequent writ petition, being WP(C) No. 212(AP)/2025, is come to be filed. 9. Mr.
Against the said order dated 16.04.2025, a subsequent writ petition, being WP(C) No. 212(AP)/2025, is come to be filed. 9. Mr. D. Mazumdar, learned Senior Counsel for the petitioners, submits that the fellow community members had, through a society, namely, Emuyi @Emuli Community Land Preservation Society, addressed a letter dated 16.02.2024 to the Deputy Commissioner requesting to refrain from entertaining the petitioners’ complaint/representation for inclusion of their names in the list of Project Affected Family stating that the village community had already declared by way of an affidavit that 20% of the total compensation would be earmarked for the female members of the community, including widows, daughters and sisters. However, according to the petitioners, it is nothing but only a cunning tactic deployed by them to deprive the petitioners of their rightful compensation over their community land, particularly when their names have been removed from the Project Affected Family list by the village community members themselves despite verbal assurances of compensation. He submits that the District Administration, without conducting proper verification and in an arbitrary manner, prepared the list of Project Affected Families, thereby depriving the genuine claims of the petitioners to land compensation. Such action on the part of the respondent authorities is totally biased and discriminatory against the petitioners and same amounts to an abuse of process of law, inasmuch as the authorities have failed to ensure justice to the petitioners. 10. Mr. Mazumdar, learned Senior Counsel, by placing reliance on the order of this Court dated 27.01.2022, passed in WP(C) No. 09(AP)/2022, submits that the co-ordinate Bench of this Court, while examining Section 11 the LAND ACQUISITION ACT , 1894, observed that the award is not to be made in favour of particular individual(s) or person(s), but rather in the name of the village. It was held that there exists a fundamental flaw in the award dated 07.09.2018 insofar as it purports to make the award in the name of a village(s) or a person(s) while indicating the quantum of compensation payable to such individual(s) for the acquired land.
It was held that there exists a fundamental flaw in the award dated 07.09.2018 insofar as it purports to make the award in the name of a village(s) or a person(s) while indicating the quantum of compensation payable to such individual(s) for the acquired land. When the award itself is not made in the name of an individual but in the name of the village, it necessarily implies that all persons residing in that village are entitled to receive the compensation amount in equal proportion, the award having been made on the premise that the acquired land belongs to and is owned by the entire village community. 11. Assailing the order dated 16.04.2025, passed by the Deputy Commissioner, Dibang Valley District, Mr. Mazumdar, learned Senior Counsel, submits that when the notice for claims and objection was issued, the petitioners’ names were duly included in the list of Project Affected Families. It was later on the petitioners came to know that their names have been removed from the list of Project Affected Families. The Deputy Commissioner has failed to appreciate the fact that the petitioners, being the daughters of their late fathers who were permanent inhabitants of Emuyi Village, are equally entitled to compensation for the acquired community land. Therefore, the rejection of the petitioners’ claim for inclusion in the list of Project Affected Families is discriminatory and arbitrary which violates Articles 14 and 300-A of the Constitution of India. As the cousins of the petitioners have been listed in the Project Affect Family, the petitioners cannot be deprived just because they are the family members having no male siblings. Therefore, he prays that the Deputy Commissioner may be directed to include the names of the petitioners in the list of Project Affected Family for the community land of Emuyi village which has been acquired for construction of 3097 MW Etalin Hydro Electric Project and to pay the compensation with equal proportion to the petitioners as that of the fellow members of the Emuyi village. 12. Mr. Mazumdar, learned Senior Counsel for the petitioners, has placed reliance on the judgment of the Hon’ble Supreme Court in the cases of Kamla Neti (Dead) through LRs Vs. The Special Land Acquisition Officer & Ors. , reported in 2023 3 SCC 528 , and Ram Charan & Ors. Vs. Sukhram & Ors.
12. Mr. Mazumdar, learned Senior Counsel for the petitioners, has placed reliance on the judgment of the Hon’ble Supreme Court in the cases of Kamla Neti (Dead) through LRs Vs. The Special Land Acquisition Officer & Ors. , reported in 2023 3 SCC 528 , and Ram Charan & Ors. Vs. Sukhram & Ors. , reported in 2025 SCC OnLine SC 1465 , to project that the daughters of tribal community or female tribal is entitled to parity with the male tribal in the intestate succession and therefore are entitled to the compensation in the community land where their fathers and the daughters are the members of the community. 13. Mr. Y. Riram, learned State Counsel, while defending the order dated 16.04.2025, passed by the Deputy Commissioner, Dibang Valley, submits that the entire land acquisition process against the 3097 MW Etalin Hydro Electric Project was completed long back and there is no scope or reason for inclusion or deletion in the list of Project Affected Family as the opportunity of claims and objections was kept open to all the interested persons/parties and to that effect, public notice was issued under Section 9 of the LAND ACQUISITION ACT , 1894. The Deputy Commissioner, as an administration for relief and resettlement, also invited claims and objection from all the persons likely to be affected along with the findings as per the base line survey conducted in the affected area by issuing notice under State Rehabilitation and Resettlement Policy, 2008. As reflected in the said order, there is no record or findings that the petitioners have made any claims or express their interest in the land of Emuyi community during the period of claims and objection and for inclusion as Project Affected Families. Therefore, since the proceedings have already been completed by passing an award, the claims of the petitioners to include their names in the Project Affected Families cannot be considered and as such, the Deputy Commissioner, Dibang Valley District has rightly rejected the claims of the petitioners. 14. Mr. D. Das, learned Senior Counsel for the private respondent Nos.
Therefore, since the proceedings have already been completed by passing an award, the claims of the petitioners to include their names in the Project Affected Families cannot be considered and as such, the Deputy Commissioner, Dibang Valley District has rightly rejected the claims of the petitioners. 14. Mr. D. Das, learned Senior Counsel for the private respondent Nos. 4 to 8, submits that although the females from the clan who are married and residing in different villages are not entitled for claiming any rights over the community land, the village elders, out of love and affection, had since the inception of the village community reserved 20% of the total land compensation for all the daughters, sisters and widows of the Emuyi village if they are deprived from any organization or company. He submits that the acquisition process of Etalin Hydro Electric Project was initiated in the year 2012 and the award was finalized in the year 2018, but all these years, the petitioners neither approached the District Administration nor to the village community for their claims and objection. It is only in the year 2023, the petitioners had filed complaint before the Deputy Commissioner for inclusion of their names in the list of Project Affected Families. The Deputy Commissioner, while considering the complaint, vide communication dated 11.01.2024, advised the petitioners to approach the concerned village committee for redressal of their claims and objections, observing that the acquisition process had already been concluded in the year 2015 after due compliance with the provisions of law. 15. Mr. Das, learned Senior Counsel, further submits that the petitioners would be entitled for 20% of the total compensation amount which has been reserved by the village community for all daughters, sisters and widows of the Emuyi village. He further submits that if any person interested and is aggrieved by the award, there is a remedy under Section 30 of LAND ACQUISITION ACT , 1894 and now under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
He further submits that if any person interested and is aggrieved by the award, there is a remedy under Section 30 of LAND ACQUISITION ACT , 1894 and now under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Although the acquisition process was initiated in the year 2012 under the provisions of LAND ACQUISITION ACT , 1894 and culminated in the year 2018, the computation of compensation was made in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and as such, the appropriate course for the petitioners would have been to approach the appropriate authority under Section 64 of the 2013 Act. Instead, the present writ petitions have been filed under a misconception of law and are, accordingly, liable to be dismissed. 16. Considered the submissions of learned counsel for the parties and also perused the materials available on record. 17. The land acquisition process for construction of 3097 MW Etalin Hydro Electric Project was initiated in the year 2012 and has been completed in the year 2018 and the award was passed under Section 11 of LAND ACQUISITION ACT , 1894 vide order dated 20.07.2015, assessing the total compensation amount of Rs. 1,87,30,96,456/-. The land acquired for the said project in the District of Dibang Valley comprises of 15 areas, including the Emuyi Village, which alone consists of 115.17 hectares of land. 18. On the representation of the petitioners, the Deputy Commissioner, vide letter dated 11.01.2024, advised the petitioners to approach the concerned village community for redressal of any claims and objections relating to inclusion in the list of Project Affected Families, observing that the land acquisition proceeding for 3097 MW Etalin Hydro Electric Project had already been completed in accordance with the procedures laid down under the LAND ACQUISITION ACT , 1894. Thereafter, in terms of the order of this Court dated 02.04.2025, the Deputy Commissioner disposed of the representation of the petitioners by a reasoned order dated 16.04.2025, rejecting their claims for inclusion in the list of Project Affected Families in respect of the compensation for the community land of Emuyi village. 19.
Thereafter, in terms of the order of this Court dated 02.04.2025, the Deputy Commissioner disposed of the representation of the petitioners by a reasoned order dated 16.04.2025, rejecting their claims for inclusion in the list of Project Affected Families in respect of the compensation for the community land of Emuyi village. 19. Perusal of the impugned order dated 16.04.2025 indicates that the land acquisition process in respect of the aforesaid 3097 MW Etalin Hydro Electric Project was completed in the year 2018, though the award was passed in the year 2015. During the proceedings, public notices were issued inviting claims and objections from all interested persons, and such notices were also circulated under the State Rehabilitation and Resettlement Policy, 2008, following the survey of the affected areas. However, there is nothing on record to indicate that the petitioners had submitted any claims or expressed their interest for the land compensation during the relevant period, nor had they approached the authorities for inclusion as Project Affected Families. In such circumstances, it would now be too late in the day for the petitioners to seek inclusion in the list, particularly when certain statutory limitations govern the process of land acquisition. 20. Insofar as entitlement of the petitioners for the community land of village Emuyi is concerned, it is difficult for this Court to conclusively determine whether the petitioners, having married and settled in different villages with their respective spouses and families, would be entitled to compensation for the acquired community land. While it cannot be said that the daughters or family members of the village are per se not entitled to land compensation, the matter of distribution of community compensation has been stated to be regulated by the decision of the village elders and the community itself, who have earmarked a share for daughters, sisters, and widows of Emuyi village. 21. As noted above, since the petitioners did not make any claims and objections at the appropriate stage of the land acquisition proceedings, it would be difficult for this Court to now direct the respondent authorities, particularly, the Deputy Commissioner, to include the names of the petitioners in the list of Project Affected Families as the land acquisition proceedings having been concluded and the consequential award has already made. 22. Regard being had to the case laws relied upon by Mr.
22. Regard being had to the case laws relied upon by Mr. D. Mazumdar, learned Senior Counsel for the petitioners, this Court is of the view that there would not be any quarrel with the propositions laid down therein. However, since those decisions were rendered on their own facts, they do not bear any direct relevance to the present case. 23. Having considered that the petitioners did not approach the authorities at the appropriate stage when claims and objections were required to be submitted under the relevant land acquisition law, this Court is of the view that it would be difficult to grant any relief to the petitioners in the present proceedings. The petitioners, therefore, have failed to make out a case for interference by this Court. Consequently, I do not find any merit in these writ petitions and accordingly, the same are dismissed being devoid of merit. 24. However, dismissal of the writ petition shall not be a bar to the petitioner to avail the appropriate remedy as may be permissible under the law.