Geeta Mihu vs. Union Of India

COURT NO.9

SECTION XIV

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 7729/2022

(Arising out of impugned final judgment and order dated 31-03-2022 in WA No. 9/2021 passed by the Gauhati High Court At Itanagar)

GEETA MIHU

ITEM $NO.33$

Petitioner(s)

VERSUS

UNION OF INDIA & ORS.

$Respondent(s)$

(IA No. 150997/2022 - APPLICATION FOR PERMISSION, IA No. 97005/2022 - APPLICATION FOR TAKING ON RECORD, IA No. 2908/2023 - APPROPRIATE ORDERS/DIRECTIONS, No.97059/2022 $\mathbf{I}\mathbf{A}$ $\mathbf{L}$ APPROPRIATE ORDERS/DIRECTIONS, IA No. 158899/2022 - DOCUMENT TAKEN ON RECORD & 132390/2022 PERMISSION TO FILE ADDITIONAL $TA$ $N_{\Omega}$ $\mathbf{L}$ DOCUMENTS/FACTS/ANNEXURES)

Date: 25-04-2023 This matter was called on for hearing today.

$CORAM:$

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI

For Petitioner(s) Mr. Ajay Tewari, Sr. Adv. Mr. Pai Amit, AOR Ms. Sanya Kaushal, Adv. For Respondent(s) Mr. Sanjay Jain, A.S.G. Mrs. Swati Ghildiyal, Adv. Mr. B K Satija, Adv. Mr. Kanu Agarwal, Adv. Mr. Rajan Kumar Chourasiya, Adv. Mr. Padmesh Mishra, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Padmesh Mishra, Adv. Mr. Arkaj Kumar, Adv. Mr. Shivam Shukla, Adv. Mr. Sameer Singh, Adv. Ms. Neelam Singh, AOR Mr. Abhishek Atrey, AOR

Mr. Ravindra Lokhande, Adv.

Mr. Abhishek Atrey, AOR.

UPON hearing the counsel the Court made the following O R D E R

1. Having heard learned Senior Counsel on behalf of the petitioner and learned Additional Solicitor General for the Union of India and other Respondents, the following interim directions are issued:

(i) the Deputy Commissioner, Dibang Valley is directed to pass an award in respect of the acquisition of petitioner's land measuring 41.083 acres within a period of two weeks from today;

(ii) the Respondents are directed to pay the compensation amount for land admeasuring 41.083 acres, as may be awarded by the Deputy Commissioner, within four weeks from the date of passing of the award;

(iii) the Respondents are directed to take a final decision regarding acquisition of remaining land measuring 64.066 acres within a period of six weeks, especially keeping in view the contents of letter dated 05042023, according to which the said land is required to meet the operational requirement for national security purpose;

(iv) the occupation charges amounting to Rs.32,64,666/ for the first parcel of land and Rs.15,81,940/ for the second parcel of land be paid to the petitioner within four weeks; (v) the payment of compensation or occupation charges, as directed above, shall be without prejudice to the rights of the parties.

2. Post the matter for hearing on 25072023.

(VISHAL ANAND) (PREETHI T.C.) ASTT. REGISTRARcumPS COURT MASTER (NSH)