GAHC040014702022

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

Case No. : L.A.Appl. 2/2022

1:The Union of India and 3 Ors. Ministry of Defence, Represented by the Defence Secretary, 101A South Block, New Delhi 110011

2: The Director General of Defence Estates (DGDE) Raksha Sampada Bhawan Ulaan Baatar Marg Delhi Cantonment. PIN 110010

3: The Principal Director of Defence Estates. Eastern Command (PDDEEC) AC 4 4/1 Belveder Road Alipore Kolkata West Bengal. PIN 700027

4: The Defence Estate Officer (DEO) Itanagar Circle Dist. Papum Pare Arunachal Pradesh. PIN 79111

VERSUS

1:Libo Ragmuk and 4 Ors. S/o Libo Ragmuk, R/o Vill. Talo, PO and PS Tato, Dist. Shi Yomi, Arunachal Pradesh. PIN 791001

2:Eling Ragmuk S/o Late Tabin Ragmuk R/o Vill Talo PO and PS Tato Dist. Shi Yomi Arunachal Pradesh. PIN 791001

3:Raju Diru S/o Tachuk Diru

R/o Vill Talo PO and PS Tato Dist. Shi Yomi Arunachal Pradesh. PIN 791001

4:Tajen Diru S/o Libu Diru

R/o Vill Talo PO and PS Tato Dist. Shi Yomi Arunachal Pradesh. PIN 791001

5:The Collector cum Deputy Commissioner Shi Yomi District Tato Arunachal Pradesh. PIN 79100

Advocate for the Petitioner : 1 Y Doloi

Advocate for the Respondent : GA (AP)

BEFORE HONBLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

Date : 20-12-2022

Heard Mr. I.Y. Doloi, learned Panel Counsel for appellant Union of India. Also heard Mr. B. Pathak, learned counsel for respondent Nos. 1 to 6 and Mr. S. Tape, learned counsel for respondent No. 7.

The appellant has filed an appeal under Section 74 of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 arising out of the common Judgment & Order dated 12.09.2022 passed in Reference Case Nos. 01/2021, 02/2121 and 03/2021 and common orders dated 13.09.2022 passed in Review Petition Nos. 01/2022, 02/2022 and 03/2022 by the District and Sessions Judge, West Siang District, Aalo, Arunachal Pradesh.

The learned counsel for the respondents has submitted that a separate petition has to be filed showing cause of delay of 15 days.

The learned counsel for the appellant has submitted that the delay in filing this appeal has been explained by the appellant in the petition itself and he has drawn the attention of this Court to the proviso of Section 74 of the Act of 2013.

As appeal lies, appeal is admitted.

Call for the LCR.

List the matter on 07.02.2023.

JUDGE

Comparing Assistant