[ Karyir Riba ]
ANINI, 3 May: The project-affected families (PAF) by the construction of the Trans-Arunachal Highway (TAH) from Hunli to Anini, starting from km 23.82 to km 138 stretch of the TAH, in Dibang Valley district, have expressed anguish over the “intentional” delay in payment of compensation.
They have written to the state chief secretary requesting to initiate an inquiry against “erring officials who are in admitted and deliberate contempt of orders of the high court of Gauhati at Itanagar Permanent Bench dated 12.09.2022 in the matter of writ appeal 20 of 2022 and 21 of 2022 as confirmed by the order of the supreme court dated 07.02.23 in SLP(C) 22776-22777 of 2022.”
“We request your office to initiate an inquiry to look into the inaction of the state officials and provide reasons for not complying with the order of the HC and the SC,” they said in the letter.
The PAFs informed that the HC’s order dated 12.09.2022, had directed the concern state department to disburse the compensation amount due to the PAFs as per the applicable provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013. “However, no such disbursement has been made till date despite the HC’s order to do so within four months from the date of the order,” they informed.
The PAFs had earlier named LM secretary Pankaj Kumar Jha, LM director AK Singh, NHIDCL executive director Sunil Kumar, NHIDCL GM PP Borgohai and Arindam Handique, for “willful negligence” on their part in the non-payment of compensation despite orders from the SC in favour of the PAFs.
As per the case history, the PAFs had filed a writ petition before the HC Itanagar permanent bench to fight for their right for compensation, and eventually, on 12.09.2022, the judgment was passed in favour of the petitioners to pay the solatium and interest within four months. Thereafter, the NHDICL had filed a special leave petition (SLP) before the Supreme Court in
an SLP (C) 22776-22777 of 2022 against the division bench order, which was disposed of in an order dated 7/02/23 in the SC, and while disposing the SLP, the SC had directed the state government to pay the solatium and interest to the landowners. When approached, the PAFs were told by the NHIDCL that the compensation amount is ready to be disbursed but they are awaiting the signal from the LM secretary and director to start the disbursement process, as the requiring agency can disburse compensation only after necessary official process is done by the state government.
The PAFs informed, “We have made various communications with the NHIDCL in this regard but the NHIDCL have stated that they have received no sanction or direction from the concern state department for the release of the compensation amount. This conduct of the concern state department is reflective of their malicious intent and capricious attitude towards the aggrieved landowners. They have not sent any reply or communication clarifying their stance as regards the above mentioned predicament which further invites legal action in the form of contempt proceedings against the concern department.”
“The inaction of the concern authorities especially, when a definite timeline for the payment of compensation had been prescribed by the HC and affirmed by the SC, will only lead to a higher amount of interest being charged on the compensation amount due,” they added while also mentioning section 80 of the Act of 2013, which says that when the amount of such compensation is not paid or deposited on or before taking possession of the land, the collector shall pay the amount awarded with interest thereon at the rate of nine percent per annum from the time of taking possession until it shall have been so paid or deposited.
The land of the said PAFs was acquired by the state on 17.02.2014.
“Any further delay would affect the state exchequer as the applicable rate of interest shall be calculated as per Section 80 of the Act of 2013, at 15% per annum,” they said.
When contacted, secretary LM Pankaj Kumar Jha said that until there is no clear direction from the SC for a reasonable compensation, without any solatium and interest, they cannot go ahead with the disbursement process. “We have filed a petition with the SC and orders are awaited,” he said.
