Gauhati High Court - Itanagar
WP(C)/95/2026 on 30 April, 2026
Page No. 1/19
GAHC040003472026
2026:GAU-AP:415
THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
WRIT PETITION (C) NO. 95[AP]/2026
1. Gora Ai Rigio, C/o Rigio Takik, Yayee-II Village
[D/Hoj], Village - Yabi, Hoj-II, Papum Pare,
Arunachal Pradesh - 791112.
2. Tana Taha, Son of Late Tana Kamin, 004, Near Govt
Middle School Hoj, Yayee I, Yayee I, P.O. Kheel,
Papum Pare, Arunachal Pradesh - 791112.
3. Gumshi Bengia, Son of Bengia Tollu, Dakte - Hoj,
Papum Pare, Arunachal Pradesh - 791112.
4. Taba Meena, Resident of C002, Near Govt Middle
School, Yayee I, Papum Pare, Arunachal Pradesh -
791112.
5. Tok Tugu, Resident of C002, Near Govt Middle
School, Yayee I, Papum Pare, Arunachal Pradesh -
791112.
6. Taba Taro, Son of Taba Nibi, 002, Near Govt Middle
School, Hoj, Yayee I, Papum Pare, Arunachal
Pradesh - 791112.
7. Bengia Dumsab, Resident of 002, Hoj Road, Near
Govt Middle School Dakte Hoj, Lusin, Kuksing Luk
Sing, Papum Pare, Arunachal Pradesh - 791112.
Page No. 2/19
8. Taba Marry, C/o Taba Ethan, 0020, Hoj Road, Near
Govt Middle School Dakte Hoj, Lusin, Kuksing Luk
Sing, Papum Pare, Arunachal Pradesh - 791112.
9. Tana Chucha, Daughter of Tana Tangum, Laptap,
Papum Pare, Arunachal Pradesh - 791112.
10. Tana Menia, Daughter of Late Tana Kamin, Hoj
Yayee-I, P.O. Kheel, P.S. Sagalee, Papum Pare,
Arunachal Pradesh - 791112.
..................Petitioner
-VERSUS-
1. The State of Arunachal Pradesh represented by the
Chief Secretary, Govt of Arunachal Pradesh,
Itanagar.
2. The Secretary, Hydro Power Development
Department, Government of Arunachal Pradesh,
Itanagar.
3 The Deputy Commissioner, Papum Pare District,
Yupia, Arunachal Pradesh in his capacity as
Chairman of the Local Area Development
Committee [LADC] and Local Area Development
Fund [LADF] relating to the Ranganadi Hydro
Electric Project.
4. North Eastern Electric Power Corporation Limited
[NEEPCO], Brookland Compound, Shillong
represented by the Chairman-cum-Managing
Director, NEEPCO 123, Laitumkhrah Point, Towards
New Colony, Laitumkrah, Shillong, Meghalaya
793001.
...................Respondents
Page No. 3/19
Advocates :
Petitioner : Mr. D. Mazumdar, Senior Advocate
Mr. S.K. Deori, Advocate
Respondent nos. 1 - 3 : Mr. N. Ratan, Additional Advocate General, Arunachal
Pradesh.
Date on which judgment is reserved : 27.04.2026
Date of pronouncement of Judgment : 30.04.2026
Whether the pronouncement is of the operative part of the judgment ? : No Whether the full judgment has been pronounced ? : Yes BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY JUDGMENT & ORDER
1. In this writ petition preferred under Article 226 of the Constitution of India, the petitioners, ten in nos., have sought for the following reliefs :- [i] Quashing and setting aside/modification of a Notification dated 31.10.2022 in so far as it pertains to Papum Pare District; [ii] A direction to the respondents to allocate 100 [one hundred] percent of the Local Area Development Fund [LADF] to the Project Affected Area [PAA] in accordance with a Notification dated 15.06.2022; [iii] A direction to the respondents to recognize the villages included in a Notification dated 10.07.2025 as the legitimate Project Affected Area [PAA] for the purpose of allocation of Local Area Development Fund [LADF]; and [iv] Quashing and setting aside of the impugned Minutes of Meeting dated 23.02.2026 whereby allocation of Page No. 4/19 Local Area Development Fund [LADF] is proposed to be made in the ratio of 50 :
50 between Project Affected Area [PAA] and Project Affected Zone [PAZ].
2. The Notification dated 31.10.2022 was issued by the Government of Arunachal Pradesh in the Power Department in exercise of the powers conferred by Clause 9.14 of the Arunachal Pradesh Hydro Power Policy - 2008 ['the Hydro Power Policy - 2008', for short] read with Clause 28[6] of the Arunachal Pradesh Small Hydro Power Policy - 2007 and Clause 2[vii] of the Ranganadi Hydro Electrical Power [HEP] [405 MW] Local Areas Development Fund [LADF] Guidelines, 2021. By the Notification dated 31.10.2022, the State Government notified the Project Affected Area [PAA] and Project Affected Zone [PAZ] of Lower Subansiri District and Papum Pare District based on the recommendations of the Deputy Commissioners of Lower Subansiri District and Papum Pare District, thereby, identifying the villages in the PAA and PAZ.
2.1. The Notification Dated 10.07.2025 was issued by the Government of Arunachal Pradesh in the Power Department in exercise of the powers conferred by Clause 9.14 of the Arunachal Pradesh Hydro Power Policy - 2008 read with Clause 28[6] of the Arunachal Pradesh Small Hydro Power Policy - 2007 and Clause 2[vii] of the Ranganadi HEP [405 MW] LADF Guidelines - 2021. By the Notification dated 10.07.2025, the State Government added seven more villages in the Project Affected Area [PAA] of Papum Pare District based on the recommendation of the Deputy Commissioner, Papum Pare District in addition to PAA and PAZ notified earlier vide a Gazette Notification dated 31.10.2022.
2.2. A Meeting of the Local Area Development Committee [LADC] of Panyor Lower Hydro Power Station [formerly, Ranganadi HEP], NEEPCO Limited was held on 23.02.2026 under the chairmanship of the Deputy Commissioner, Papum Pare - cum - Chairman, LADC, Papum Pare. In Agenda no. 4, suggestion from the Member of Legislative Assembly [MLA], 14 Doimukh Legislative Assembly Constituency [LAC] was received for judicious utilization of LADF for local area development works in PAA and PAZ as per the Ranganadi HEP [405 MW] LADF Page No. 5/19 Guidelines - 2021. It was suggested by him that in view of the fund allocation for the years : 2023, 2024 & 2025, the LADF for PAA should be shared on 50 : 50 ratio in order to maintain the equality and the PAZ fund shall be utilized as per the concerned Gazette Notification.
2.3. By the Notification dated 15.06.2022, published in the Arunachal Pradesh Gazette, the Government of Arunachal Pradesh ordered for creation of Local Area Development Fund [LADF] and notified a set of Guidelines called as the 'Local Area Development Fund [LADF] Guidelines for Hydro Electric Projects [HEPs] in Arunachal Pradesh - 2022'. The Gazette Notification dated 15.06.2022 was issued in exercise of the powers conferred by Clause 9.14 of the Hydro Power Policy, 2008 and amended Clause 28[6] of the Small Hydro Power Policy - 2007. It is in the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 it was provided that the LADF amount shall be allocated one hundred percent to PAA.
3. I have heard Mr. D. Mazumdar, learned Senior Counsel assisted by Mr. S.K. Deori, learned counsel for the petitioners; and Mr. N. Ratan, learned Additional Advocate General, Arunachal Pradesh for the respondent nos. 1 - 3.
4. Mr. Mazumdar, learned Senior Counsel appearing for the petitioners has submitted that the Hydro Power Policy - 2008 was notified on 19.11.2008. It was in exercise of the powers provided under Clause 9.14 of the Hydro Power Policy - 2008, the Ranganadi HEP [405 MW] LADF Guidelines - 2021 were framed at first point of time. Subsequently on 15.06.2022, the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 were framed. He has contended that in the LADF Guidelines for HEPs in Arunachal Pradesh - 2022, the Ranganadi HEP [405 MW] LADF Guidelines
- 2021 stood subsumed. When the Ranganadi HEP [405 MW] LADF Guidelines were framed, provision was made for allocations of 50% for Project Affected Area [PAA] and 50% for Project Affected Zone [PAZ] respectively from the Local Area Development Fund [LADF]. When the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 were framed, allocation of fund from the LADF was changed and it was provided that the LADF amount shall be allocated to the extent of 100% to Page No. 6/19 PAA, meaning thereby, there would be no allocation from the LADF to the Project Affected Zone [PAZ]. It is his contention that the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 has embraced all the HEPs within its fold and Ranganadi HEP [405 MW] has also been included therein. Therefore, on and from the date when the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 were notified, the amount deposited in the LADF for Ranganadi HEP [405 MW] is to be utilized only for development works in the PAA of Ranganadi HEP [405 MW]. With such contention, he has submitted that the suggestion of the MLA, 14 Doimukh LAC made in the Meeting of the LADC of Ranganadi HEP [405 MW], which is presently known as Panyor Lower Hydro Power Station, for allocation of fund from the LADF for Project Affected Area [PAA] and Project Affected Zone [PAZ] in 50 :
50 ratio is contrary to the LADF Guidelines for HEPs in Arunachal Pradesh - 2022.
It is his further submission that the list of villages included under Project Affected Area [PAA] category in Papum Pare District through the Notification dated 31.10.2022 is incorrect and it has been published without proper scrutiny or verification by the authorities concerned. He has further submitted that several villages included in the Project Affected Area [PAA] do not fall within the mandatory radius of 7.50 KM from Ranganadi HEP [405 MW] site as prescribed under Clause 9.17 of the Hydro Power Policy - 2008. He has, however, submitted that the villages included in the Project Affected Area [PAA] by the Notification dated 10.07.2025 are villages which fall within the prescribed radius of 7.50 KM from the project site and therefore, they legitimately qualify to be treated within the Project Affected Area [PAA] of Ranganadi HEP [405 MW]. With such submissions, the learned Senior Counsel appearing for the petitioners has contended that the reliefs and directions sought for by the petitioners in this writ petition are required to be allowed.
5. Au contraire, Mr. Ratan, learned Additional Advocate General, Arunachal Pradesh appearing for the State respondents has submitted that both the Ranganadi HEP [405 MW] LADF Guidelines - 2021 and the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 were framed under the Arunachal Pradesh Hydro Power Policy, 2008. But the two sets of Guidelines have been framed for different purposes and Page No. 7/19 they operate in different fields. The two sets of Guidelines are distinct from each other and they do not overlap. He has contended that though the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 were framed later than the Ranganadi HEP [405 MW] LADF Guidelines - 2021, the Ranganadi HEP [405 MW] LADF Guidelines
- 2021 are not subsumed in the LADF Guidelines for HEPs in Arunachal Pradesh - 2022. He has submitted that the Ranganadi HEP [405 MW] LADF Guidelines - 2021 were specific to Ranganadi HEP [405 MW] and the reason was that the Ranganadi HEP [405 MW] was commissioned much before the Hydro Power Policy
- 2008. The Local Area Development Fund [LADF] in the Ranganadi HEP [405 MW] LADF Guidelines - 2021 was limited to the share of 1% which is to be contributed from the State Government's share of 12% free power allotted from Ranganadi HEP [405 MW]. The Hydro Power Policy came into effect from 2008. In Clause 9.14 of the Hydro Power Policy - 2008, provision for 1% free power from the project from the power developer to the Local Area Development Fund [LADF] was incorporated apart from the provision of a matching 1% contribution from the share of minimum 12% free power from the State Government. Therefore, it is clear that the sources of Local Area Development Funds [LADFs] under the two sets of Guidelines are different and therefore, the claim of the petitioners for allocation of 100% from the Local Area Development Fund [LADF] for development works in the Project Affected Area [PAA] of Ranganadi HEP [405 MW] is without any basis. Mr. Ratan has further contended that the provision contained in Clause 9.17 of the Hydro Power Policy - 2008 is not directly applicable the Ranganadi HEP [405 MW] LADF Guidelines - 2021 as the Hydro Power Policy - 2008 cannot be applied retrospectively. In support of his such submissions, the learned Additional Advocate General has extensively referred to the statements and averments made in the counter affidavits of the respondent no. 2 and the respondent no. 3. He has further submitted that the suggestion made in the Meeting held on 23.02.2026 is clearly in conformity with the Ranganadi HEP [405 MW] LADF Guidelines - 2021 and there is no reason to take any exception to the suggestion. He has further contended that by the Notifications, dated 27.10.2022 & dated 10.07.2025, villages and additional villages were included in the Project Affected Area [PAA] of Ranganadi HEP [405 Page No. 8/19 MW] by the State Government based on local assessment and administrative considerations after receiving recommendations and field inputs from the Deputy Commissioners and the decision was taken at the highest level in the Government. The petitioners' assertion regarding lack of proper scrutiny or verification before incorporation of the villages is only a bald assertion when such decision was taken after proper assessment of the Project Affected Area [PAA] of Ranganadi HEP [405 MW]. With these contentions, Mr. Ratan has submitted that the writ petition has been preferred without any basis and by misreading the provisions of the two sets of Guidelines and as it lacks merit, the same is liable to be dismissed.
6. The petitioners have claimed that they are Project Affected Individuals and belong to villagers in Papum Pare District, Arunachal Pradesh. They claim to be directly affected by the implementation and operation of the Ranganadi Hydro Electric Project [HEP] having an installed capacity of 405 MW. The petitioners claim to be residents of villages falling within the Project Affected Area [PAA] of Ranganadi HEP [405 MW] and are members and representatives of the Local Area Development Committee [LADC] constituted in connection with Ranganadi HEP [405 MW].
7. The Ranganadi Hydro Electric Project [HEP] is a major run-of-the-river Hydro Electric Power Project located in the State of Arunachal Pradesh and is implemented by the North Eastern Electric Power Corporation [NEEPCO] Limited, a Government of India Undertaking. The Ranganadi HEP [405 MW] was commissioned in the year 2002 by the NEEPCO limited.
8. The State Government in Arunachal Pradesh notified its Small Hydro Power Policy
- 2007 for the development of hydro projects upto installed capacity of upto 25 MW. The State of Arunachal Pradesh is a geographically fragile area and it also falls in Category - V of seismic zone. Therefore, development of mega hydro power projects requires to take into consideration the high seismicity of the area, which needs to be factored into the construction scheme of such projects. As the Page No. 9/19 State was required to have a hydro power policy for the development of projects of installed capacity of more than 25 MW, the Government of Arunachal Pradesh in exercise of the powers conferred by Clause [3] of Article 246 read with Entry no. 17 of List- II of the Seventh Schedule to the Constitution of India had notified the Hydro Power Policy - 2008 vide a Notification dated 19.11.2008. The Notification was published in the Arunachal Pradesh Gazette on 20.11.2008. As per Clause 1, the Hydro Power Policy - 2008 had come into force on the date of its publication in the Official Gazette. The aim of the Policy was to strike a proper balance between the need for hydro power development to meet the acute shortage of power as also the development needs of the State on the one hand and ecological and people's interests on the other.
9. As per the Hydro Power Policy - 2008 for power projects above 100% MW capacity with private sector participation, the responsibility to sell the power would be of the power developer. The State Government is entitled to free of cost power to the extent of not less than 12% of the power generated by the power developer. As per Clause 9.14 of the Hydro Power Policy - 2008, 1 [one] % free power from the project would be provided and earmarked for Local Area Development Fund [LADF]. The State Government shall also provide a matching 1 [one] % from its share of minimum 12% free power, if considered necessary by the State Government keeping in view the development requirements of the area. In the Hydro Power Policy - 2008, basin-wise hydro power potential details of Arunachal Pradesh and allotment thereof were mentioned. In the Hydro Power Policy - 2008, a list of 42 nos. of Hydro Electric Projects [HEPs] under the Prime Minister's 50,000 Hydro Power Initiative was included and among those 42 nos. HEPs, no HEP from Papum Pare District was included.
10. As mentioned above, by the Notification dated 02.07.2021, the State Government in exercise of the powers conferred by Clause 9.14 of the Hydro Power Policy, 2008 had framed and notified the Ranganadi HEP [405 MW] LADF Guidelines - 2021. In the Guidelines, definitions of Project Affected Family [PAF], Project Affected Area [PAA], Project Affected Zone [PAZ], Local Area Development Fund Page No. 10/19 [LADF] and Local Area Development Committee [LADC] have been provided as under :-
[i] PROJECT AFFECTED FAMILY [PAF] : Project Affected Family [PAF] means a family whose land or house or other property or other source of livelihood has been partially or fully acquired for the development of project and has been so identified by the project authorities.
[ii] PROJECT AFFECTED AREA [PAA] : Project Affected Area [PAA] means the area where actual project components including submergence area, muck dumping area, mine / quarry area, infrastructure including roads, project dedicated township, offices, construction facilities, welfare facilities and any other facilities directly related to project implementation are located. Townships and offices such as design office or head office not directly connected with the particular project Site are excluded. Unit for declaring PAA would ordinarily be the Gram Panchayat. Entire block or all such Panchayats adjoining to PAA are considered to be impacted by the Ranganadi project in the same or adjoining District/s.
[iii] PROJECT AFFECTED ZONE [PAZ] : Project Affected Zone [PAZ] means the area surrounding such project affected area where impact of the project on the lives of people is considerable even if no direct project activity is taking place there. The Entire Block or all such Panchayats adjoining to PAA as are considered to be impacted by the project in the same or adjoining District/s.
[iv] LADF [LOCAL AREA DEVELOPMENT FUND] : Local Area Development Fund [LADF] means revenue generated from the sale of 1% free power from the 12% share of free power of State from Ranganadi HEP [405 W] in the State.
[v] LADC [LOCAL AREA DEVELOPMENT COMMITTEE] : Committee shall be formed as per Clause 4[2] of this scheme.Page No. 11/19
11. As per sub-clause [vii] of Clause 2 of the Ranganadi HEP [405 MW] LADF Guidelines - 2021, the Project Affected Area [PAA] and Project Affected Zone [PAZ] are to be declared by the concerned State Government on the recommendation of the concerned District Magistrate / Deputy Commissioner. As Ranganadi HEP [405 MW] falls under two Districts, that is, Lower Subansiri District and Papum Pare District, the PAA and PAZ are to be declared by the State Government. In Clause 3 of the Guidelines, the composition of the Local Area Development Fund [LADF] for Ranganadi HEP [405 MW] is to be created from the revenue earned from the sale of 1% free power out of the 12% State share so collected and the same is to be deposited to the LADF under the Local Area Development Committee [LADC] by the State Government on the recommendation of the State Level Monitoring Committee headed by the Commissioner / Secretary [Hydro Power]. There is no provision for contribution from the NEEPCO Limited as the power developer to the LADF.
12. In Clause 8, the constitutions of the State Level Monitoring Committee and the Local Area Development Committee [LADC] for Ranganadi HEP [405 MW] are provided for. It is specified that the LADF would be administered by the LADCs constituted for Ranganadi HEP [405 MW] under the overall superintendence and control of the District Magistrate / Deputy Commissioner. In the said Clause, the composition of the LADCs has also been provided for wherein there are representatives from the Project Affected Families [PAFs] of the concerned area. As Ranganadi HEP [405 MW] lies in more than one district, provision is made for separate LADC for Lower Subansiri District and Papum Pare District enabling better targeting and execution of schemes. The local Members of Parliament [MPs] and Members of Legislative Assembly [MLAs] are invitees to every meeting of the LADC. In sub-clause [9] of Clause 4 of the Guidelines, the functions and responsibilities of the LADCs have been outlined.
13. In Clause 5 of the Ranganadi HEP [405 MW] LADF Guidelines - 2021, the parameters of allocation of funds have been prescribed. As mentioned above, the Page No. 12/19 amount received from sale proceeds of 1% power from 12% share of the State Government from Ranganadi HEP [405 MW] shall be solely utilised for local area development works. The strict norms in which the fund is to be allocated are also mentioned, which are as under :-
Name of Norms for allocation of LAD Funds
HEPs
Project Affected Project Affected Zone [PAZ]
Area [PAA] Project Project Project Affected
Affected Affected District/s
Panchayat/s Block/s
Ranganadi 50% 20% 15% 15%
405 MW
14. It is the State Government who has retained the power to amend the Ranganadi HEP [405 MW] LADF Guidelines - 2021 from time to time as may be deemed expedient.
15. As already mentioned hereinabove, the State Government by the Notification dated 15.06.2022, published in the Arunachal Pradesh Gazette, ordered for creation of a Local Area Development Fund [LADF] in exercise of the powers conferred by Clause 9.14 of the Hydro Power Policy - 2008 and amended Clause 28[6] of the Small Hydro Power Policy - 2007 and notified a set of Guidelines named as the 'Local Area Development Fund [LADF] Guidelines for Hydro Electric Projects [HEPs] in Arunachal Pradesh - 2022' ['the LADF Guidelines for HEPs in Arunachal Pradesh - 2022', for short] in exercise of the powers conferred by Article 162 of the Constitution of India. The Notification dated 15.06.2022 was published in the Arunachal Pradesh Gazette.
16. In the Notification dated 15.06.2022, it is prescribed by the State Government that the Local Area Development Fund [LADF] is to be created in the following Page No. 13/19 manner : [a] for project > 25 MW : 2 [two] % of sale proceed from power generation [1 (one) % additional contribution from the power developer and 1 (one) % from 12% free power of the State]; and [b] for project < 25 MW : the power developer shall pay an amount worked out at the rate of 1 [1] paisa per unit of power sold during every financial year to the State Government.
17. By the LADF Guidelines for HEPs in Arunachal Pradesh - 2022, the State Government has also framed a set of Guidelines for operation / implementation of the Local Area Development Fund [LADF]. In the Guidelines, it is mentioned that the National Hydro Power Policy recommended that the State Government should also provide a matching 1% from the share of 12% free power towards the Local Area Development Fund [LADF]. The Local Area Development Fund [LADF] for projects > 25 MW would, therefore, consist of additional 1% free power from the project to be provided and earmarked for it by the power developer and the matching 1% contribution from the State Government's share of minimum 12% free power.
18. The definitions for Project Affected Family [PAF], Project Affected Area [PAA], Local Area Development Fund [LADF] and Local Area Development Committee [LADC] are provided for the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 in the following manner :-
[i] PROJECT AFFECTED FAMILY [PAF] : Project Affected Family [PAF] means a family whose land or house or other property or source of livelihood has been partially or fully acquired for the development of project and has been so identified by the project authorities.
[ii] PROJECT AFFECTED AREA [PAA] : Project Affected Area [PAA] means the area where actual project components Including submergence area, muck dumping area, mine/quarry area, infrastructure including roads, resettlement area, project dedicated township, offices, construction facilities, welfare facilities and any other facilities directly related to project Page No. 14/19 implementation are located an/or areas which may be affected due to the project. Townships and offices such as design office or head office not directly connected with the particular project Site are excluded. Unit for declaring PAA would be the Gram Panchayat and as notified by State Government.
[iii] LADF [LOCAL AREA DEVELOPMENT FUND] : Local Area Development [LADF] means revenue generated from the sale of 1 [one] paisa per unit power sold during every financial year for project ≤25MW Installed capacity, and 2% of sale proceed from revenue generated [1% additional contribution from developers and 1% from 12% free power matching share of State] to LADF during the commercial operation life of the Hydro Electric Project w.e.f. the date of notification of LADF Guidelines in Gazette.
[iv] LADC [LOCAL AREA DEVELOPMENT COMMITTEE] : Committee shall be formed as per Clause 4.2 of this scheme.
19. As per the provisions of the LADF Guidelines for HEPs in Arunachal Pradesh -
2022, the Project Affected Area [PAA] is to be declared by the State Government on the recommendation of the concerned District Magistrate / Deputy Commissioner. In Clause 4, the Constitution of a State Level Monitoring Committee and a Local Area Development Committee [LADC] have been provided for. It has been specified that the Local Area Development Fund [LADF] would be administered by the LADC constituted for the specific Hydro Electric Project [HEP]. The LADC for the specific HEP constituted within the district shall function under the overall superintendence and control of the District Magistrate / Deputy Commissioner. In the said Clause, the composition of the LADC has also been provided for wherein no provision for representation from the Project Affected Families [PAFs] of the concerned district has been made. The local MPs and MLAs are invitees to every meeting of the LADC. In sub-clause [4.5] of Clause 4 of the Guidelines, the functions and responsibilities of the LADC have been outlined.
Page No. 15/1920. On comparison of the two sets of Guidelines, that is, the Ranganadi HEP [405 MW] LADF Guidelines - 2021 and the LADF Guidelines for HEPs in Arunachal Pradesh - 2022, it is evident that while in the Ranganadi HEP [405 MW] LADF Guidelines - 2021, the definition of Project Affected Zone [PAZ] has been provided for, there is no existence of Project Affected Zone [PAZ] in the LADF Guidelines for HEPs in Arunachal Pradesh - 2022. In absence of Project Affected Zone [PAF] in the LADF Guidelines for HEPs in Arunachal Pradesh - 2022, there is no requirement for allocation of any fund from the Local Area Development Fund [LADF] for the Project Affected Zone [PAZ]. Thus, it is evident that the objects and purposes of the two sets of Guidelines, namely, the Ranganadi HEP [405 MW] LADF Guidelines - 2021 and the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 are distinct from each other. Therefore, it is demonstratively clear that the Ranganadi HEP [405 MW] LADF Guidelines - 2021 are not subsumed within the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 from the date when the LADF Guidelines for HEPs in Arunachal Pradesh - 2022 have been notified. That the two sets of Guidelines are different is also discernible from the fact that in the Ranganadi HEP [405 MW] LADF Guidelines - 2021 provision for representation of the Project Affected Families [PAFs] of the concerned area has been provided for in the Local Area Development Committee [LADC] and in the LADF Guidelines for HEPs in Arunachal Pradesh - 2022, there is no representation for the Project Affected Families [PAFs].
21. The State respondents have explained that Ranganadi HEP [405 MW] was commissioned in the year 2002 by the NEEPCO Limited and at that time, the Hydro Power Policy - 2008 did not come into effect. The State Government is not a signatory to any agreement with the NEEPCO Limited for execution of Ranganadi HEP [405 MW]. However, the State Government receives 12% free power from Ranganadi HEP [405 MW] from the NEEPCO Limited. It has been clarified that there was no provision for the Local Area Development Fund [LADF] for Ranganadi HEP [405 MW] till 2021. It was vide the Notification dated 02.07.2021, the State Government while framing and notifying the Ranganadi HEP [405 MW] LADF Guidelines - 2021 decided to create the Local Area Development Fund [LADF] Page No. 16/19 from 1% share out of its share of 12% free power allotted to the State Government from Ranganadi HEP [405 MW]. It is for the said reason, the Local Area Development Fund [LADF] for Ranganadi HEP [405 MW] consists of only 1% share out of the State Government's share of 12% free power, with no contribution from the power developer, NEEPCO Limited. In the agreements executed with the power developers subsequent to the Hydro Power Policy - 2008, the developers of the Hydro Electric Projects are made to contribute additional 1% free power to the Local Area Development Fund [LADF] in addition to matching 1% contribution from the share of the State Government from its minimum 12% free power, as recommended by the Government of India's Hydro Power Policy - 2008.
22. In view of the above obtaining facts and circumstances, the contention of the petitioner that with the framing and notifying of the LADF Guidelines for HEPs in Arunachal Pradesh - 2022, there should be 100% allocation from the Local Area Development Fund [LADF] created for Ranganadi HEP [405 MW] under the Ranganadi HEP [405 MW] LADF Guidelines - 2021 for development works in the Project Affected Area [PAA] cannot be countenanced. Therefore, the relief sought for in the form of a direction to allocate 100% of the Local Area Development Fund [LADF] to the Project Affected Area [PAA] in accordance with the Notification dated 15.06.2022 has no material basis. For the same reason, the suggestion made in the Minutes of the Meeting of the Local Area Development Committee [LADC], held on 23.02.2026, regarding sharing of the fund of the Local Area Development Fund [LADF] between the Project Affected Area [PAA] and the Project Affected Zone [PAZ] in 50 : 50 ratio is found to be in conformity with the Ranganadi HEP [405 MW] LADF Guidelines - 2021.
23. Sub-clause [vii] of Clause [2] of the Ranganadi HEP [405 MW] LADF Guidelines -
2021 has specified that Project Affected Area [PAA] and Project Affected Zone [PAZ] are to be declared by the State Government on the recommendation of the concerned District Magistrate / Deputy Commissioner. As Ranganadi HEP [405 MW] falls under two districts -Lower Subansiri District and Papum Pare District, Page No. 17/19 the PAA and the PAZ for Ranganadi HEP [405 MW] are to be declared by the State Government and no expenditure are to be incurred till the PAA and the PAZ are notified.
24. From the materials brought on record through the counter affidavits of the respondent no. 2 and the respondent no. 3 respectively, it is noticed that the Deputy Commissioner, Lower Subansiri District had forwarded a proposal for PAA and PAZ along with population on 15.02.2022 to the Chief Engineer, Hydro Power Development Department, Government of Arunachal Pradesh. A similar proposal for PAA and PAZ was forwarded to the Chief Engineer, Hydro Power Development Department, Government of Arunachal Pradesh by the Deputy Commissioner, Papum Pare District on 22.08.2022. Those proposals were found to have been forwarded after considering the aspects of silting, deposition of muck items in the downstream areas of Ranganadi River [local name, Panyor River], damages caused to cultivation fields, horticulture gardens, local quarry sites threat to the existence of aquatic life, affect caused to the economic activities of the people like fishing, etc. living along the downstream areas. From the materials annexed with the counter affidavits, it is noticed that detail studies were undertaken by the authorities in the State Government prior to issuance of the Notification dated 31.10.2022 and the subsequent Notification dated 10.07.2025. The petitioners, except making a bald claim that the villages included in the PAA from Papum Pare District in the Notification dated 31.10.2022 is incorrect and without proper scrutiny or verification, have not brought any supporting material of convincing nature in support of such claim. The petitioners have themselves stated that they do not have any objection to the inclusion of the seven nos. of villages from Papum Pare District included in the PAA of Ranganadi HEP [40 MW] by the Notification dated 10.07.2025.
25. The petitioners appear to have misread Clause 9.17 of the Hydro Power Policy -
2008 to which reference has been made by them while making such claim. As per Clause 9.17, the developer is to bear the State Government's share of 10 [ten] % of the project cost of RGGVY [Rajiv Gandhi Grameen Vidyutikaran Yojana] within a Page No. 18/19 radius / surface distance from the Power House / Dam site as stipulated therein. Thus, it is clear that Clause 9.17 has no connection with Project Affected Area [PAA] or Project Affected Zone [PAZ] as it is related to electrification under the RGGVY Scheme. It is pertinent to iterate that Ranganadi HEP [405 MW] stood commissioned in the year 2002, that is, much prior to the Hydro Power Policy - 2008.
26. It is noticed that detail studies were undertaken and after a process of deliberation, the Notification dated 31.10.2022 was issued. This Court in does not find any justified reason within its scope and ambit of power of judicial review under Article 226 of the Constitution of India to make any interference with the Notification dated 31.10.2022 in view of failure on the part of the petitioners to present any supporting materials in support of their claim, which has, thus, remained as a bald claim. The Notifications, dated 31.10.2022 & dated 10.07.2025, were issued by the authorities who had the best knowledge about the areas affected by Ranganadi HEP [405 MW]. As the decisions were arrived at regarding Project Affected Area [PAA] and Project Affected Zone [PAZ] after detailed studies and deliberations, this Court while exercising its jurisdiction under Article 226 would not sit in appeal over such decisions. Therefore, the relief sought for in the form of quashing and setting aside or modification of the Notification dated 31.10.2022 in so far as it pertains to Papum Pare District, as sought for by the petitioners, cannot be extended.
27. By the Notification dated 10.07.2025, seven nos. of villages from Papum Pare District have already been included in the Project Affected Area [PAA] of Ranganadi HEP [405 MW] and local development works would naturally be undertaken from the Local Area Development Fund [LADF] keeping those villages into consideration. Therefore, no further discussion is necessary on this count.
28. In view of the discussion made above and for the reasons mentioned, the writ petition is found to be unmerited in so far as three of the four reliefs sought for are concerned. As mentioned in the preceding paragraph, no further direction with Page No. 19/19 regard to recognition of the villages included in the Notification dated 10.07.2025 in the Project Affected Area [PAA] for the purpose of allocation of Local Area Development Fund [LADF] is required.
29. The writ petition is disposed of in the manner indicated above. There shall however, be no order as to cost.
JUDGE Comparing Assistant