WP(C)/428/2025 of Gopal Hemi Vs The Deputy Commissioner and 2 Ors on 24 May 2026

ORDER

25.05.2026 Heard Ms. J. Zongluju, learned counsel for the petitioner. Also heard Ms. P. Sangeeta, learned Junior Govt. Advocate for State respondent Nos. 1 & 2 and Mr. B. Picha, learned counsel for respondent No. 3.

2. The present writ petition filed under Article 226 of the Constitution of India is directed against the order dated 08.07.2025 passed by the Deputy Commissioner/respondent No. 1, Shi-Yomi District, to the extent whereby the payment of land compensation in respect of the land falling within the stretch from Pumbum Yorlong to Taking Lingtak has been kept at halt till the Title of the land is amicably settled at appropriate forum. The petitioner is also seeking a direction to the respondent authority for release of compensation in respect of the land situated at Karle area (stretch from Taking Lingtak to Pumbum Yorlong under the area from Pumbum Yorlong to Bose Sokong).

3. The case of the petitioner is that Hemi and Hedu clan members are the brothers of the same descendant and as per the custom, any property of common father is to be equally divided between the descendants of both the brothers.

4. The further case of the petitioner is that the dispute relating to the land between the two clans, if any, had already been adjudicated by the Kebang Committee. It is submitted that based on the statements and documents provided by both the Hemi and Hedu clans, by an order dated 26.04.2021, the Kebang Committee of Karle Village came to a conclusion declaring that the land from “Pumbum Yorlong to Bose Sokong” jointly belongs to both brothers i.e. Hemi-Hedu Clan/Community having equal share.

5. However, at the time of claiming the land compensation, Hedu Clan failed to cooperate, therefore, the petitioner’s clan i.e., the Hemi Clan filed an Execution Petition before the Executive Magistrate, Shi Yomi District for execution of the decision of the Kebang Committee. It is further contended that in execution proceedings, the learned Executive Magistrate by an order dated 25.08.2023, affirmed the said decision of the Kebang Committee dated 26.04.2021 and declared that the land in dispute stretching from “Pumbum Yorlong to Bose Sokong” belongs jointly to both brothers i.e. Hemi and Hedu Clans.

6. It is contended that the aforesaid Kebang Committee decision dated 26.04.2021 as well as the order passed by the Execution Court dated 25.08.2023 were never challenged before any competent forum; and hence the said decision with regard to the title and ownership of the said stretch of land from “Pumbum Yorlong to Bose Sokong” has attained its finality. However, by the impugned order dated 08.07.2025, the Deputy Commissioner (respondent No.1), Shi Yomi District, Monigaon while directing payment of land compensation against all the properties like house, horticulture items etc. standing in the proposed stretch from Pumbum to Yorlong to Taking Lingtak should be released without further delay, has illegally kept in-halt in respect of the petitioner’s land compensation stretch from “Pumbum Yorlong to Taking Lingtak” till the title of the land is amicably settled at an appropriate forum.

7. It is submitted that when the matter has already been decided by the Kebang Committee and affirmed by the Execution Court, and admittedly the same are not under challenged before any appropriate forum, the Deputy Commissioner/ respondent No. 1, Shi Yomi District, ought to have directed for release of the land compensation in respect of the petitioners and the respondents as well along with the others. However, the Deputy Commissioner/respondent No. 1 without considering that the matter has already been settled and had attained its finality has illegally kept in-halt till the title of the land is amicably settled at an appropriate forum.

8. Being highly aggrieved, the petitioner has filed this writ petition challenging the impugned order dated 08.07.2025 passed by the Deputy Commissioner, Shi Yomi District, Tato in respect of the petitioner’s land for payment of land compensation against the stretch from Pumbum Yorlong to Taking Lingtak.

9. The respondents opposed the writ petition contending that the land involved in the present proceeding is different from the land decided by the customary Court/ Kebang Committee and the executing Court.

10. This Court has perused the materials brought on record by the parties, including the additional affidavits and the copies of the decisions of the Kebang Committee placed by both the parties and the order of the executing Court. Prima facie, the land described in the Kebang Committee decision and the land in respect of which compensation has been withheld appear to relate to the same disputed stretch.

11. Once the dispute regarding ownership and sharing of the land by two decedent’s clans stood decided by the customary Court/Kebang Committee and affirmed in execution proceedings, and such decisions having attained finality, the Deputy Commissioner could not indefinitely withhold the compensation on the ground that the title dispute is yet to be settled.

12. It is also brought to the notice of this Court by the learned counsel for the respondents that the Final Award Notification under Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has already been issued on 29.05.2025.

13. Accordingly, the impugned portion of the order dated 08.07.2015, insofar as it kept the land compensation in respect of the said stretch from Pumbum Yorlong to Taking Lingtak in halt, is hereby set aside.

14. The Deputy Commissioner is directed to process and release 50% of the admissible land compensation corresponding to the share of the petitioner’s clan in respect of the said stretch of land in accordance with the final award and subject to verification of beneficiaries and entitlement, within a period of 60 (sixty) days from the date of receipt of a copy of this order.

15. It is made clear that this Court has not adjudicated any independent claim, if any, over any other land not covered by the decisions of the Kebang Committee /customary Court and the executing Court.

With the above observations and directions, the writ petition stands disposed of.

JUDGE Comparing Assistant