Villagers displaced to build hydropower plant in Dibhang valley denied compensation
Shri Ajanto Meto & others Vs the state of arunachal Pradesh & ors [WP(C) no.65/2016] In Gauhati High Court, permanent of Itanagar
In this writ petition the petitioners are local inhabitants of Apako village, Dibang Valley District, Arunachal Pradesh and file this writ petition seeking direction from Hon’ble Court to include their name in the list of project affected family.
The proposal has been approved for establishment of hydro project at Dibang River by National Hydroelectric Power Corporation Limited (NHPC) and the district administration, Dibang Valley District, Arunachal Pradesh. Hearing was conducted under section 9 of the Land Acquisition Act, 1894 and prepared the list of Project Affected Families (PAF) for entitlement of beneficiaries for payment of compensation to their land and other properties entitled as per the provision of Land Acquisition.
However, the name of the petitioners was not included in the list of Project Affected Families whereas the petitioners and their grandfather are the landholder of Project Affected Area and permanent resident of Apako Village. The petitioners are being discriminated and excluded from the list of project affected family, hence approached the District Administration several occasion and requested them to include the name of petitioners in the list of Project Affected Families but the respondent authority does not bother to listen their request so, the petitioners filed representations before Deputy Commissioner appraising the non inclusion of their name and their grandfather in the list of Project Affected Families which is pending before Deputy Commission till today.
Hence, this writ petition filed for seeking direction from Hon’ble High Court to dispose the representation pending before authority and include the name of petitioner in the list of project affected family.
Shri Ajanto melo & others Vs the state of A.P & Ors the petition under Article 226 of the constitution of india, has been preferred by the petitioner, altogether 5 in nos, seeking for a direction to the respondent authorities to include the names of the petitioners in the list of project affected families.
The case, in a nutshell, is that, proposal for establishment of Dibang hydropower project (dmp) on Dibang river in Dibang valley district of arunachal Pradesh by the national hydroelectric power corporation Ltd.(NHPC), has been approved by the government.
Subsequent thereto, the district administration, Dibang valley district, prepared the list of project affected families(PAFs) as beneficiaries for payment of compensation against acquisition of their land and other properties as per their entitlement and in terms of the provisions of land acquisition act.
However, the grievance of the petitioners is that their names have not been included in the list of beneficiaries as PAFs for compensation. Being aggrieved, the petitioners approached the district administration on several occasions, however, they were not responded to by the authority concerned, in affirmative, and thus, they submitted a representation on 13.06.2016, to respondent no.2 viz. Deputy commissioner, Dibang valley district, Anini, requesting for inclusion of their names in the list of beneficiaries under PAFs.
It is stated at the bar that the said representation, dated 13.06.2016 is pending consideration, till date.
Mr. Mow, learned counsel for the petitioners, at the very outset, submits that instant writ petitioner may be disposed of by directing respondent no.2 viz. Deputy commissioner, Dibang valley district, Anini, to consider and dispose of the petitioners representation dated 13.06.2016, within a short time frame.
Ms. Ete, learned Addl. Senior government Advocate, fairly submits that she has no objection if the said representation is disposed of, by the authority concerned within a stipulated time period.
Considering the matter in its entirety and view of the above submissions, this petitioner is hereby disposed of the motion stage itself with a direction to the respondent authorities, more particularly, respondent no.2 vis. Deputy commissioner, Dibang valley District, Anini, to consider and dispose of the petitioners representation, dated 13.06.2016, praying for inclusion of their names in the list of beneficiaries as project affected families(PAFs) for compensation by the national hydroelectric power corporation Ltd.(NHPC) on account of acquisition of petitioners’ plots of land, by a speaking and reasoned order after hearing them, in person, within a period of 3(three) months from the date of receipt of a certified copy of this order, which shall be furnished by the petitioners along with a copy of this petition by appending all the relevant within a period of 7(seven), from today
With the above direction, the instant writ petition stands disposed of.
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