Gauhati High Court

Review Pet./6/2025 of Dor Tsering Merakpa Vs The State of AP and 8 Ors on 10 June 2026

GAHC040007412025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Review Pet./6/2025 Dor Tsering Merakpa Son of Late Lobsang Tsering, permanent resident of Dirang Village, PO and PS Dirang, West Kameng District, Arunachal Pradesh

GAHC040007412025

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

(ITANAGAR BENCH)

Case No. : Review Pet./6/2025

Dor Tsering Merakpa

Son of Late Lobsang Tsering, permanent resident of Dirang Village, PO and PS

Dirang, West Kameng District, Arunachal Pradesh 790101

VERSUS

The State of AP and 8 Ors

represented by the Secretary, Land Management, Govt of Arunachal Pradesh, Itanagar 7911112:The Deputy Commissioner Age: 0

Occupation :

Bomdila

PO and PS Bomdila

West Kameng District

Arunachal Pradesh. 790001

3:The Additional Deputy Commissioner

Age: 0

Occupation :

Dirang

PO and PS Dirang

West Kameng District

4:The Chairman

Age: 0

Occupation :

Assessment Board for Chainage 173.450 KM

represented by the Additional Deputy Commissioner Dirang West Kameng District

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5:The District Land Revenue and Settlement Officer Age: 0

Occupation :

Bomdila

West Kameng District

Arunachal Pradesh 790001

6:The Union of India

Age: 0

Occupation :

represented by the Secretary

Ministry of Defence

Sena Bhavan

Govt of India

New Delhi 110011

7:The Directorate General of Border Roads Age: 0

Occupation :

Naraina

Kirby Place

Delhi Cantonment

New Delhi 110028

8:The Commander

Age: 0

Occupation :

42 Border Roads Tasks Force

(BRTF)

C/o 99 APO

Headquarter Sapper Camp

Dirang

District West Kameng

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9:The Officer in Command

Age: 0

Occupation :

97 Road Construction Company (RCC) C/o 99 APO

Munna Camp

Dirang

West Kameng District

Arunachal Pradesh 79010

Advocate for the Petitioner : Binter Picha, Pankaj Borah,Bedanta Kaushik,Tao Tarin,Jumgam Jini Advocate for the Respondent : GA (AP), KeekeLoya,CGC

Page No.# 3/4

BEFORE

HONOURABLE MR. JUSTICE KALYAN RAI SURANA

ORDER

Date : 11.06.2026 Heard Mr. B. Kaushik, learned counsel for the review petitioner, appearing through video conferencing. Also heard Ms. G. Ete, learned Additional Senior Government Advocate, appearing for respondent Nos. 1 to 5 and Mr. K. Loya, learned Central Government Counsel appearing for respondent Nos. 6 to 9.

2. This review application is in respect of the order dated 03.04.2025 passed by this Court in WP(C) No. 72(AP) of 2025. This Court, relying on the instructions contained in letter dated 27.02.2025 issued by the then Additional Deputy Commissioner, Dirang, West Kameng District, Bomdila, the contents whereof were recorded in the said order, held that the writ petition was premature and, accordingly, the writ petition was closed with liberty to the petitioner to approach this Court again.

3. The learned counsel for the petitioner has produced a copy of Notification bearing No. LM-169/2017 dated 09.12.2017 issued by the Secretary (Land Management), Government of Arunachal Pradesh, by virtue of which for the public purpose for Construction of Double Lane on BCT Road ( KM 167.000 to KM 174.000; KM 183.000 to KM 195.000 and KM 195.000 to KM 212.000) falling under jurisdiction of Deputy Commissioner, West Kameng District, Bomdila, was acquired under the provisions of Section 10 of the Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947.

4. Therefore, the learned counsel for the petitioner has been able to satisfy the Court that the land of the petitioner, which is stated to be covered by

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Chainage No. 173.450 Km, falls within the acquisition made for the road stretch between Km 167.000 and Km 174.000 covered by the Notification dated 09.12.2017.

5. Ms. Ete, learned Additional Senior Government Advocate, has not disputed the said Notification dated 09.12.2017.

6. Accordingly, the petitioner has been able to make out a case for recalling the order dated 03.04.2025 passed by this Court in WP(C) No. 72(AP) of 2025. Resultantly, the proceedings in the said WP(C) No. 72(AP) of 2025 shall stand restored to the file of this Court.

7. Before parting with the record, this Court expresses its utter dissatisfaction and anguish at the false and incorrect communication contained in the letter dated 27.02.2025 issued by the then Additional Deputy Commissioner, Dirang.

8. Accordingly, the said authority is put to notice that in the event no apology is forthcoming from him, wherever he may presently be posted, the Court reserves the right to issue contempt proceedings against the said authority.

9. The review petition stands disposed of.

JUDGE Comparing Assistant

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